Text of Senate Amendment 5945

Quick facts

Record: Senate Floor
Section type: Amendments
Chamber: Senate
Date: June 23, 2026
Congress: 119th Congress
Why this source matters: This section came from the Senate floor portion of the record.

Readable version of the official text

SA 5945. Mr. ARMSTRONG submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

DIVISION E—AMERICAN ENERGY AND MINERAL INFRASTRUCTURE

SEC. 4801. SHORT TITLE.

This division may be cited as the “American Energy and

Mineral Infrastructure Act of 2026”.

SEC. 4802. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF

NATURAL GAS PIPELINES.

(a) Definitions.—In this section:

(1) Commission.—The term “Commission” means the Federal

Energy Regulatory Commission.

(2) Environmental review.—The term “environmental

review” means the process of preparing, for a proposed

agency action in accordance with the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.)—

(A) an environmental impact statement;

(B) an environmental assessment;

(D) a finding of no significant impact.

(3) Federal authorization.—The term “Federal

authorization” has the meaning given that term in section

15(a) of the Natural Gas Act (15 U.S.C. 717n(a)).

(4) Project-related environmental review.—The term

“project-related environmental review” means any

environmental review required to be conducted with respect to

the issuance of an authorization under section 3 of the

Natural Gas Act (15 U.S.C. 717b) or a certificate of public

convenience and necessity under section 7 of that Act (15

U.S.C. 717f).

(b) Commission Responsibilities.—In acting as the lead

agency under section 15(b)(1) of the Natural Gas Act (15

U.S.C. 717n(b)(1)) for the purposes of complying with the

National Environmental Policy Act of 1969 (42 U.S.C. 4321 et

seq.) with respect to an authorization under section 3 of the

Natural Gas Act (15 U.S.C. 717b) or a certificate of public

convenience and necessity under section 7 of that Act (15

U.S.C. 717f), the Commission shall, in accordance with this

section and other applicable Federal law—

(1) be the only lead agency;

(2) coordinate as early as practicable with each agency

designated as a participating agency under subsection (d)(3)

to ensure that the Commission develops information in

conducting its project-related environmental review that is

usable by the participating agency in considering an aspect

of an application for a Federal authorization for which the

agency is responsible; and

(3) take such actions as are necessary and proper to

facilitate the expeditious resolution of its project-related

environmental review.

respect to a Federal authorization required with respect to

an application for an authorization under section 3 of the

Natural Gas Act (15 U.S.C. 717b) or a certificate of public

convenience and necessity under section 7 of that Act (15

U.S.C. 717f), each agency shall give deference, to the

maximum extent authorized by law, to the scope of the

project-related environmental review that the Commission

determines to be appropriate.

(d) Participating Agencies.—

(1) Identification.—The Commission shall identify, not

later than 30 days after the Commission receives an

application for an authorization under section 3 of the

Natural Gas Act (15 U.S.C. 717b) or a certificate of public

convenience and necessity under section 7 of that Act (15

U.S.C. 717f), any Federal or State agency, local government,

or Indian Tribe that may issue a Federal authorization or is

required by Federal law to consult with the Commission in

conjunction with the issuance of a Federal authorization

required for such authorization or certificate.

(2) Invitation.—

(A) In general.—Not later than 45 days after the

Commission receives an application for an authorization under

section 3 of the Natural Gas Act (15 U.S.C. 717b) or a

certificate of public convenience and necessity under section

7 of that Act (15 U.S.C. 717f), the Commission shall invite

any agency identified under paragraph (1) to participate in

the review process for the applicable Federal authorization.

(B) Deadline.—An agency invited under subparagraph (A)

shall submit a response to the Commission by not later than

30 days after the date the invitation is received, which may

be extended by the Commission for good cause for a period of

not more than 15 days.

subparagraph (A) fails to meet the deadline described in

subparagraph (B), the agency shall not be considered a

participating or cooperating agency.

(3) Designation as participating agencies.—Not later than

60 days after the Commission receives an application for an

authorization under section 3 of the Natural Gas Act (15

U.S.C. 717b) or a certificate of public convenience and

necessity under section 7 of that Act (15 U.S.C. 717f), the

Commission shall designate an agency identified under

paragraph (1) as a participating agency with respect to that

application unless the agency informs the Commission, in

writing, by the deadline established pursuant to paragraph

(2)(B), that the agency—

(A) has no jurisdiction or authority with respect to the

applicable Federal authorization;

(B) has no special expertise or information relevant to any

project-related environmental review; or

the project-related environmental review conducted by the

Commission.

(e) Comment Deadline.—The Commission is not required to

respond to comments regarding a Federal authorization

submitted after the applicable comment period is over.

(f) Water Quality Impacts.—

(1) In general.—Notwithstanding section 401 of the Federal

Water Pollution Control Act (33 U.S.C. 1341), a certification

under such section shall not be required with respect to a

Federal authorization.

(2) Coordination.—With respect to any environmental review

for a Federal authorization to conduct an activity that will

directly result in a discharge into the navigable waters

(within the meaning of the Federal Water Pollution Control

Act (33 U.S.C. 1251 et seq.)), the Commission shall identify

as an agency under subsection (d)(1) the State in which the

discharge originates or will originate, or, if appropriate,

the interstate water pollution control agency having

jurisdiction over the navigable waters at the point where the

discharge originates or will originate.

(3) Proposed conditions.—A State or interstate agency

designated as a participating agency pursuant to paragraph

(2) may propose to the Commission terms or conditions for

inclusion in an authorization under section 3 of the Natural

Gas Act (15 U.S.C. 717b) or a certificate of public

convenience and necessity under section 7 of that Act (15

U.S.C. 717f) that the State or interstate agency determines

are necessary to ensure that any discharge described in

paragraph (2) conducted pursuant to such authorization or

certification will comply with the applicable provisions of

sections 301, 302, 303, 306, and 307 of the Federal Water

Pollution Control Act (33 U.S.C. 1311, 1312, 1313, 1316,

1317).

(4) Commission consideration of conditions.—The Commission

may include a term or condition in an authorization under

section 3 of the Natural Gas Act (15 U.S.C. 717b) or a

certificate of public convenience and necessity under section

7 of that Act (15 U.S.C. 717f) proposed by a State or

interstate agency under paragraph (3) only if the Commission

finds with clear and convincing evidence that the term or

condition is necessary to ensure that any discharge described

in paragraph (2) conducted pursuant to such authorization or

certification will comply with the applicable provisions of

sections 301, 302, 303, 306, and 307 of the Federal Water

Pollution Control Act (33 U.S.C. 1311, 1312, 1313, 1316,

1317).

(5) Commission denial of certificate.—The Commission may

deny an authorization under section 3 of the Natural Gas Act

(15 U.S.C. 717b) or a certificate of public convenience and

necessity under section 7 of that Act (15 U.S.C. 717f) based

on water quality concerns only if the Commission finds with

clear and convincing evidence that the proposed project

cannot comply with the applicable provisions of sections 301,

302, 303, 306, and 307 of the Federal Water Pollution Control

Act (33 U.S.C. 1311, 1312, 1313, 1316, 1317).

(g) Schedule.—

(1) Deadline for federal authorizations.—A deadline for a

Federal authorization required with respect to an application

for an authorization under section 3 of the Natural Gas Act

(15 U.S.C. 717b) or a certificate of public convenience and

necessity under section 7 of that Act (15 U.S.C. 717f) set by

the Commission under section 15(c)(1) of that Act (15 U.S.C.

717n(c)(1)) shall be not later than 90 days after the

Commission completes its project-related environmental

review, unless an applicable schedule is otherwise

established by Federal law.

(2) Concurrent reviews.—Each Federal and State agency that

may consider an aspect of an application for a Federal

authorization required with respect to an application for

authorization under section 3 of the Natural Gas Act (15

U.S.C. 717b) or a certificate of public convenience and

necessity under section 7 of that Act (15 U.S.C. 717f)

shall—

(A) carry out the obligations of that agency under

applicable law; and

(B) in considering an aspect of an application for a

Federal authorization required with respect to an application

for an authorization under section 3 of the Natural Gas Act

(15 U.S.C. 717b) or a certificate of public convenience and

necessity under section 7 of that Act (15 U.S.C. 717f),

shall—

(i) carry out the obligations of that agency under

applicable law concurrently, and in conjunction with, the

project-related environmental review conducted by the

Commission, pursuant to a schedule established by the

Commission not to exceed 270 days, but subject to the

condition that the Commission may, at the request of the

agency and for good cause, grant a single 60-day extension;

and

(ii) not less often than once every 90 days, transmit to

the Commission a report describing the progress made in

considering such application for a Federal authorization.

(3) Failure to meet deadline.—If a Federal or State

agency, including the Commission, fails to meet a deadline

for a Federal authorization set forth in the schedule

established by the Commission under section 15(c)(1) of the

Natural Gas Act (15 U.S.C. 717n(c)(1)), not later than 5 days

after such deadline, the head of the relevant Federal agency

(including, in the case of a failure by a State agency, the

Federal agency overseeing the delegated authority) shall

notify Congress and the Commission of such failure and set

forth a recommended implementation plan to ensure completion

of the action to which such deadline applied.

(h) Consideration of Applications for Federal

Authorization.—

(1) Issue identification and resolution.—

(A) Identification.—Federal and State agencies that may

consider an aspect of an application for a Federal

authorization shall identify, as early as possible and not

later than 90 days after receipt of a request for the Federal

authorization, any issues of concern that may delay or

prevent an agency from working with the Commission to resolve

such issues and granting the Federal authorization.

(B) Issue resolution.—The Commission may forward any issue

of concern identified under subparagraph (A) to the heads of

the relevant agencies (including, in the case of an issue of

concern that is a failure by a State agency, the Federal

agency overseeing the delegated authority, if applicable) for

resolution.

(2) Remote surveys.—

(A) In general.—If a Federal or State agency considering

an aspect of an application for a Federal authorization

requires the person applying for the Federal authorization to

submit data, the agency shall—

(i) consider any such data gathered by aerial or other

remote means that the person submits; and

(ii) accept aerial surveys in absence of clear and

convincing evidence.

(B) Conditional approval.—The agency may grant a

conditional approval for a Federal authorization based on

data gathered by aerial or remote means, conditioned on the

verification of such data by subsequent onsite inspection if

the Commission determines that an onsite inspection is likely

to materially alter the final determination of the Commission

or the grant of the certificate.

(3) Application processing.—The Commission, and Federal

and State agencies, may allow a person applying for a Federal

authorization to fund a third-party contractor to assist in

reviewing the application for the Federal authorization.

(i) Accountability, Transparency, Efficiency.—

(1) In general.—For an application for an authorization

under section 3 of the Natural Gas Act (15 U.S.C. 717b) or a

certificate of public convenience and necessity under section

7 of that Act (15 U.S.C. 717f) that requires multiple Federal

authorizations, the Commission, with input from any Federal

or State agency considering an aspect of the application,

shall track and make available to the public on the website

of the Commission information related to the actions required

to complete the Federal authorizations.

(2) Inclusions.—The information described in paragraph (1)

shall include the following:

(A) The schedule established by the Commission under

section 15(c)(1) of the Natural Gas Act (15 U.S.C.

717n(c)(1)).

(B) A list of all the actions required by each applicable

agency to complete permitting, reviews, and other actions

necessary to obtain a final decision on the application.

in subparagraph (B).

(D) A point of contact at the agency responsible for each

such action.

(E) In the event that an action is still pending as of the

expected date of completion, a brief explanation of the

reasons for the delay.

(j) Strengthening Judicial Review of Natural Gas Act

Projects.—Section 19 of the Natural Gas Act (15 U.S.C. 717r)

is amended—

(1) in subsection (b), in the eighth sentence, by striking

“certification” and all that follows through the period at

the end and inserting “certification as provided in section

1254 of title 28, United States Code.”; and

(2) in subsection (d)—

(A) in paragraph (3), in the first sentence, by striking

“If the Court finds” and inserting the following: “Except

as provided in paragraph (6), if the Court finds”; and

(B) by adding at the end the following:

“(6) Exception for certain orders or actions.—

“(A) In general.—Notwithstanding any other provision of

this section, for petitions challenging an order or action

taken by the Commission under section 3 or section 7, the

court may not set aside, vacate, or otherwise void that order

or action.

“(B) Court action.—Notwithstanding chapter 7 of title 5,

United States Code, the Court shall remand the proceeding,

without

vacatur or injunction, to the applicable Federal or State

agency to take appropriate action if the Court finds that an

order or action described in paragraph (1)—

“(i) would prevent the construction, expansion, or

operation of the facility subject to section 3 or 7; and

“(ii)(I) is inconsistent with applicable Federal law; or

“(II) is not supported by clear and convincing

evidence.”.

SEC. 4803. IMPROVING WATER QUALITY CERTIFICATIONS.

Section 401 of the Federal Water Pollution Control Act (33

U.S.C. 1341) is amended—

(1) in subsection (a)—

(A) by striking “(a)(1) Any applicant” and all that

follows through “No license” in the sixth sentence of

paragraph (1) and inserting the following:

“(a) Compliance With Applicable Requirements.—

“(1) Certification required.—

“(A) In general.—Any applicant for a Federal license or

permit to conduct any activity, including the construction or

operation of facilities, which may result in a discharge

directly into the navigable waters shall provide the

licensing or permitting agency a certification from the State

in which the discharge originates or will originate or, if

appropriate, from the interstate water pollution control

agency having jurisdiction over the navigable waters at the

point where the discharge originates or will originate, that

any such discharge will comply with the applicable provisions

of sections 301, 302, 303, 306, and 307.

“(B) Certification of no applicable limitation.—In the

case of any discharge described in subparagraph (A) for which

there is not an applicable effluent limitation or other

limitation under sections 301(b) and 302, and there is not an

applicable standard under sections 306 and 307, the State,

interstate water pollution control agency, or Administrator,

as applicable, shall so certify, except that any such

certification shall not be deemed to satisfy section 511(c).

“(C) Certification by the administrator.—In any case in

which a State or interstate water pollution control agency

has no authority to give a certification under subparagraph

(A)—

“(i) the certification shall be from the Administrator;

and

“(ii) subsection (d) shall apply to the request for

certification.

“(D) Procedures required.—

“(i) In general.—The Administrator and each State and

interstate water pollution control agency that has authority

to give a certification under this subsection shall establish

procedures for public notice in the case of all requests for

certification under this subsection by the State, interstate

water pollution control agency, or Administrator, as

applicable, and, to the extent that the State, interstate

water pollution control agency, or Administrator determines

it appropriate, procedures for public hearings in connection

with specific requests.

“(ii) Decision criteria.—A decision to grant or deny a

request for certification under this subsection shall be

based solely on whether the discharge complies with the

applicable provisions of sections 301, 302, 303, 306, and

307, and the grounds for that decision shall be set forth in

writing and provided to the applicant.

“(iii) Deadline for requesting additional information.—

Not later than 90 days after the date on which a State, an

interstate water pollution control agency, or the

Administrator, as applicable, receives a request for

certification under this subsection, the State, interstate

water pollution control agency, or Administrator shall

identify in writing any specific additional materials or

information necessary for the request for certification to be

considered complete pursuant to subsection (d).

“(iv) Publication requirement.—Not later than 30 days

after the date of enactment of this clause, the Administrator

and each State and interstate water pollution control agency

that has authority to give a certification under this

subsection shall publish the requirements for a certification

under this subsection for an applicant to use to demonstrate

to the Administrator, State, or interstate water pollution

control agency, as applicable, compliance with the applicable

provisions of sections 301, 302, 303, 306, and 307.

“(E) Decisionmaking.—

“(i) Definition of receipt.—In this subparagraph, the

term `receipt', with respect to a request for certification

under this subsection, means the date on which the State,

interstate water pollution control agency, or Administrator,

as applicable, initially receives the request for

certification, regardless of whether the request for

certification is determined to be complete or additional

information is requested pursuant to subparagraph (D)(iii).

“(ii) Actions on a request.—The State, interstate water

pollution control agency, or Administrator, as applicable,

may—

“(I) grant a request for certification under this

subsection with or without conditions;

“(II) deny the request; or

“(III) waive the requirement for certification under this

subsection with respect to the application for the Federal

license or permit.

“(iii) Failure to act.—

“(I) In general.—If a State, an interstate water

pollution control agency, or the Administrator, as

applicable, fails to act on a request for certification in

accordance with clause (ii) within a reasonable period of

time to be determined by the Federal licensing or permitting

agency (which shall not exceed 1 year after receipt of the

request), the requirement for certification under this

subsection shall be deemed to be waived with respect to the

application for the Federal license or permit.

“(II) No judicial review.—Notwithstanding any other

provision of law, a finding of a waiver by the Federal

licensing or permitting agency under subclause (I) shall not

be subject to judicial review.

“(iv) No tolling.—The 1-year period described in clause

(iii) may not be tolled, paused, or extended for any reason,

including through requests for additional information,

solicitation of public comment, or environmental reviews.

“(F) No action.—No license”; and

(B) in paragraph (4), in the first sentence, by striking

“any discharge into the navigable waters” and inserting “a

discharge directly into the navigable waters”;

(2) in subsection (b), by striking “(b) Nothing” and

inserting the following:

“(b) Compliance With Other Provisions of Law Setting

Applicable Water Quality Requirements.—Except as provided in

subsection (e), nothing”;

(3) in subsection (c), by striking “(c) In order” and

inserting the following:

“(c) Authority of Secretary of the Army to Permit Spoil

Disposal Areas by Federal Licensees or Permittees.—In

order”; and

(4) by striking subsection (d) and inserting the following:

“(d) Certification Request Requirements.—

“(1) Written request required.—A request for

certification under subsection (a) shall be made in writing

to the State, interstate water pollution control agency, or

Administrator, as applicable.

“(2) Requirements for complete request.—A completed

request for certification under subsection (a) shall consist

of—

“(A) an identification of each applicant for the Federal

license or permit with respect to which certification is

requested;

“(B) a statement that information included in the request

for certification is truthful, accurate, and complete, to the

best knowledge of each applicant;

“(C) in the case of a request for certification with

respect to an individual permit or license—

“(i) an identification of the Federal license or permit

that is the subject of the application with respect to which

the certification is requested;

“(ii) an identification, based on the reasonable belief of

the applicant at the time the application is submitted, of

any activity the conduct of which is subject to the Federal

license or permit identified under clause (i);

“(iii) an identification of—

“(I) the location, point of origin, and characteristics of

any discharge that may directly enter the navigable waters;

and

“(II) the location of the specific navigable waters that

would receive such a discharge;

“(iv) a description of the means that may be used to

monitor, control, or manage a discharge identified under

clause (iii); and

“(v) a list of all other Federal, interstate, Tribal,

State, or local agency authorizations required for the

conduct of an activity identified under clause (ii),

including a description of any authorizations described in

that list that are already received; and

“(D) in the case of a request for certification with

respect to the issuance of a general license or a general

permit—

“(i) an identification of the proposed categories of

activities to be covered by the general license or general

permit;

“(ii) a description of the proposed general license or

general permit, which may include a draft of the proposed

general license or general permit; and

“(iii) an estimate of the number of discharges expected to

result from the proposed general license or general permit

annually.

“(3) Prohibition.—No State or interstate water pollution

control agency, nor the Administrator, may, for purposes of a

request for certification under subsection (a), require the

inclusion of information beyond the information described in

paragraph (2).

“(e) Certification Conditions.—

“(1) In general.—A certification obtained under

subsection (a) shall set forth any effluent limitations and

other limitations and monitoring requirements necessary to

ensure that any discharge subject to a certification under

that subsection will comply with the applicable provisions of

sections 301, 302, 303, 306, and 307, and any such limitation

or requirement shall be imposed by the Federal licensing or

permitting agency as a condition on the applicable Federal

license or permit subject to the provisions of this section.

“(2) Requirements for conditions.—A certifying State or

interstate water pollution control agency, or the

Administrator, as applicable, may only include a condition on

a certification under subsection (a) that requires the

applicant to modify an activity of the applicant which may

result in a discharge directly into the navigable waters if

the State, interstate water pollution control agency, or

Administrator determines, based on clear and convincing

evidence, that the modification is—

“(A) necessary for the activity to avoid violating an

applicable provision of section 301, 302, 303, 306, or 307;

“(B) least burdensome for the applicant, as compared to

other possible modifications, taking into account—

“(i) technical feasibility;

“(ii) cost;

“(iii) the purpose of the applicant in proposing the

activity;

“(iv) impacts on the schedule for the activity; and

“(v) the commercial viability of the proposed condition;

and

“(C) consistent with the requirements for the Federal

license or permit for which the certification is sought.

“(3) Limitations on conditions for hydroelectric

projects.—A certification obtained under subsection (a) for

a hydroelectric project may not include conditions relating

to the quantity, timing, or rate of water flow over, through,

or around that project.

“(f) Requirements for Denial.—A certifying State or

interstate water pollution control agency, or the

Administrator, as applicable, may only deny a request for

certification under subsection (a) if the State, interstate

water pollution control agency, or Administrator determines,

based on clear and convincing evidence, that there is no

modification to or reasonable condition on the activities of

the applicant that could make it possible for the activity to

avoid violating an applicable provision of section 301, 302,

303, 306, or 307.

“(g) Enforcement.—Notwithstanding section 505, any

condition imposed on a Federal license or permit by a Federal

licensing or permitting agency under this section may only be

enforced by that Federal licensing or permitting agency.

“(h) Judicial Review.—

“(1) Scope.—This subsection applies to any civil action

for the review of a certification under subsection (a).

“(2) Jurisdiction.—

“(A) In general.—Notwithstanding section 19(d)(1) of the

Natural Gas Act (15 U.S.C. 717r(d)(1)) or any other provision

of law, a civil action subject to this subsection shall be

filed in a court of appeals of the United States for—

“(i) the judicial circuit in which the applicant is

located or has its principal place of business;

“(ii) the judicial circuit for the State in which the

project for which the certification under subsection (a)

would be issued is or will be located; or

“(iii) the District of Columbia Circuit.

“(B) Original and exclusive jurisdiction.—A court of

appeals described in subparagraph (A) shall have original and

exclusive jurisdiction over the applicable civil action.

“(C) Standing.—Notwithstanding any other provision of

law, no court shall have jurisdiction to review a civil

action subject to this subsection unless the civil action is

filed—

“(i) not later than 60 days after the date on which final

action on the certification under subsection (a) is taken;

and

“(ii) by—

“(I) the applicant; or

“(II) a person who has suffered, or likely and imminently

will suffer, direct and irreparable economic harm from the

certification, subject to the condition that an organization

or association shall satisfy the requirement of this clause

only if each member of the organization or association

satisfies the requirement.

“(3) Expedited consideration.—

“(A) In general.—In reviewing a civil action subject to

this subsection, a court shall—

“(i) set any petition for review under that civil action

for expedited consideration; and

“(ii) subject to subparagraph (B), issue a final decision

not later than 120 days after the date on which the civil

action is filed.

“(B) Extraordinary circumstances.—If a court finds that

there are extraordinary circumstances that apply to a civil

action subject to this subsection, the court may extend the

120-day period described in subparagraph (A)(ii) by an

additional 60 days.

“(4) Standard of review.—In reviewing the denial of a

certification under subsection (a), a court shall find the

denial unlawful unless the court finds, based on clear and

convincing evidence, that—

“(A) the certifying State or interstate water pollution

control agency or the Administrator, as applicable, has

demonstrated that no condition would achieve compliance with

the applicable provisions of section 301, 302, 303, 306, or

307; and

“(B) the certifying State or interstate water pollution

control agency or the Administrator, as applicable,

considered specific alternative conditions, including

alternatives offered by the applicant, and determined that

those alternative conditions would not achieve compliance

with applicable provisions of section 301, 302, 303, 306, or

“(5) Nonapplicant challenges.—If a party other than the

applicant brings a civil action subject to this subsection

against a certification obtained under subsection (a), the

nonapplicant party shall demonstrate, with clear and

convincing evidence, that the project or activity for which

the certification was granted fails to achieve compliance

with applicable provisions of section 301, 302, 303, 306, or

“(6) Remedy.—

“(A) No vacatur.—Notwithstanding any other provision of

law, no court shall have the authority to set aside, vacate,

nullify, or otherwise render unenforceable any certification

under subsection (a).

“(B) Limited remedies.—In a review of a certification

under subsection (a), a court may only affirm or modify the

certification, and may remand the certification to the State,

interstate water pollution control agency, or the

Administrator, as applicable, for corrective action.

“(i) Description of Applicable Provisions.—For purposes

of this section, the applicable provisions of sections 301,

302, 303, 306, and 307 are any applicable effluent

limitations and other limitations under section 301 or 302,

any water quality standard in effect for a State under

section 303, any standard of performance under section 306,

and any prohibition, effluent standard, or pretreatment

standard under section 307.”.

SEC. 4804. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.

(a) Improving Water Quality General Permits.—Section

402(a) of the Federal Water Pollution Control Act (33 U.S.C.

1342(a)) is amended by adding at the end the following:

“(6) General permits.—

“(A) Permits authorized.—The Administrator may issue

general permits under this section on a State, regional, or

nationwide basis, or for a delineated area, for discharges

associated with any category of activities the discharges of

which are of similar types and from similar sources.

“(B) Permit expiration notification.—If the Administrator

does not intend to issue a general permit under this

paragraph that covers discharges that are substantially

similar to discharges covered by a previously issued general

permit, not later than the date that is 2 years before the

date on which the previously issued general permit will

expire, the Administrator shall publish in the Federal

permit.

“(C) Application of permit terms of an expired permit.—

“(i) In general.—If a general permit issued under this

paragraph expires and the Administrator has not published a

notice under subparagraph (B), the Administrator shall, until

the date described in clause (ii)—

“(I) continue to apply the terms, conditions, and

requirements of the expired general permit to any discharge

that was covered by the expired general permit; and

“(II) apply those terms, conditions, and requirements to

any discharge that would have been covered by the expired

general permit (in accordance with any relevant requirements

for that coverage) if the discharge had occurred before that

expiration.

“(ii) Date described.—The date referred to in clause (i)

is the date that is the earlier of—

“(I) the date on which the Administrator issues a new

general permit for discharges substantially similar to those

covered by the expired general permit; and

“(II) the date that is 2 years after the date on which the

Administrator publishes in the Federal Register a notice

described in subparagraph (B).”.

(b) NPDES Permit Terms.—Section 402(b)(1)(B) of the

Federal Water Pollution Control Act (33 U.S.C. 1342(b)(1)(B))

is amended by striking “five years” and inserting “10

years”.

SEC. 4805. PROVIDING CERTAINTY TO PERMITS FOR DREDGED OR FILL

MATERIAL.

(a) Reducing Permitting Uncertainty.—

(1) In general.—Section 404(c) of the Federal Water

Pollution Control Act (33 U.S.C. 1344(c)) is amended—

(A) in the third sentence—

(i) by striking “his findings and his reasons” and

inserting “the findings and reasons of the Administrator”;

and

(ii) by striking “The Administrator” and inserting the

following:

“(4) Written determination.—The Administrator”;

(B) in the second sentence, by striking “Before making

such determination,” and inserting the following:

“(3) Consultation.—Before making a determination under

paragraph (1),”;

following:

“(c) Specification or Use of Defined Area.—

“(1) In general.—The Administrator”;

(D) in paragraph (1) (as so designated)—

(i) by striking “he is authorized”; and

(ii) by striking “he determines, after notice and

opportunity for public hearings,” and inserting “the

Administrator determines, during the period described in

paragraph (2) and after notice and opportunity for public

hearings,”; and

(E) by inserting after paragraph (1) (as so designated) the

following:

“(2) Period of prohibition.—The period during which the

Administrator may prohibit the specification (including the

withdrawal of specification) of a defined area as a disposal

site, or deny or restrict the use of a defined area for

specification (including the withdrawal of specification) as

a disposal site, under paragraph (1) is the period that—

“(A) begins on the date on which an applicant submits all

the information required to complete an application for a

permit under this section; and

“(B) ends on the date on which the Secretary issues the

permit.”.

(2) Applicability.—The amendments made by paragraph (1)

shall apply to a permit application submitted under section

404 of the Federal Water Pollution Control Act (33 U.S.C.

1344) after the date of enactment of this Act.

(b) Nationwide Permitting Improvement.—

(1) In general.—Section 404(e) of the Federal Water

Pollution Control Act (33 U.S.C. 1344(e)) is amended—

(A) by striking “(e)(1) In carrying out his functions”

and inserting the following:

“(e) General Permits.—

“(1) Permits authorized.—In carrying out the functions of

the Secretary”;

(B) in paragraph (2)—

(i) by striking “(2) No general” and inserting the

following:

“(2) Term.—No general”; and

(ii) by striking “five years” and inserting “10 years”;

and

“(3) Considerations.—In determining the environmental

effects of an activity under paragraph (1) or (2), the

Secretary—

“(A) shall consider only the effects of any discharge of

dredged or fill material resulting from the activity;

“(B) shall consider any effects of a discharge of dredged

or fill material into less than 3 acres of navigable waters

to be a minimal adverse environmental effect; and

“(C) may consider any effects of a discharge of dredged or

fill material into 3 acres or more of navigable waters to be

a minimal adverse environmental effect.

“(4) Nationwide permits for linear projects.—

“(A) Definitions.—In this paragraph:

“(i) Linear infrastructure project.—The term `linear

infrastructure project' means a project to carry out any

activity required for—

“(I) the construction, expansion, maintenance,

modification, or removal of infrastructure and associated

facilities for the transmission from a point of origin to a

terminal point of communications or electricity; or

“(II) the transportation from a point of origin to a

terminal point of people, water, or wastewater.

“(ii) Linear pipeline project.—The term `linear pipeline

project' means a project to carry out any activity required

for the construction, expansion, maintenance, modification,

or removal of infrastructure and associated facilities for

the transportation from a point of origin to a terminal point

of carbon dioxide, fuel, or hydrocarbons, in the form of a

liquid, liquescent, gaseous, or slurry substance or

supercritical fluid, including oil and gas pipeline

facilities.

“(iii) Single and complete project.—The term `single and

complete project' has the meaning given the term in section

330.2 of title 33, Code of Federal Regulations (as in effect

on the date of enactment of this paragraph).

“(B) Rule.—Notwithstanding any other provision of this

section, the Secretary shall issue and maintain general

permits on a nationwide basis under this subsection for—

“(i) linear infrastructure projects that result in a

discharge of dredged or fill material into less than 3 acres

of navigable waters for each single and complete project; and

“(ii) linear pipeline projects that do not result in the

loss of navigable waters in an area that is greater than 0.5

acres for each single and complete project.

“(C) Pipeline threshold floor.—Nothing in subparagraph

(B)(ii) limits the authority of the Secretary to authorize

pipeline-related discharges of dredged or fill material into

areas of navigable waters that are greater than 0.5 acres but

below the 3-acre threshold described in subparagraph (B)(i).

“(5) Reissuance of nationwide permits.—In determining

whether to reissue a general permit issued under this

subsection on a nationwide basis—

“(A) no consultation with an applicable State pursuant to

section 6(a) of the Endangered Species Act of 1973 (16 U.S.C.

1535(a)) is required;

“(B) no consultation with a Federal agency pursuant to

section 7(a)(2) of that Act (16 U.S.C. 1536(a)(2)) is

required; and

“(C) the requirements of section 102(2)(C) of the National

Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall

be satisfied by preparing an environmental assessment (as

defined in section 111 of that Act (42 U.S.C. 4336e)) with

respect to the general permit.”.

(2) Regulatory revisions required.—The Secretary of the

Army, acting through the Chief of Engineers, shall

expeditiously revise the regulations applicable to carrying

out section 404(e) of the Federal Water Pollution Control Act

(33 U.S.C. 1344(e)) in order to streamline the processes for

issuing general permits under that section to promote

efficient and consistent implementation of that section.

(3) Administration of nationwide permit program.—In

carrying out section 404(e) of the Federal Water Pollution

Control Act (33 U.S.C. 1344(e)), including in revising

regulations pursuant to paragraph (2), the Secretary of the

Army, acting through the Chief of Engineers, may not finalize

or implement any modification to—

(A) general condition 15 (relating to single and complete

projects), as included in the final rule of the Corps of

Engineers entitled “Reissuance and Modification of

Nationwide Permits” (86 Fed. Reg. 2744 (January 13, 2021));

(B) the definition of the term “single and complete linear

project”, as included in the final rule described in

subparagraph (A); or

project” under section 330.2 of title 33, Code of Federal

Regulations (as in effect on the date of enactment of this

Act).

Pollution Control Act (33 U.S.C. 1344) is amended—

(1) in subsection (t), by striking “(t) Nothing in the

section” and inserting the following:

“(u) Savings Provision.—Nothing in this section”; and

(2) by inserting after subsection (s) the following:

“(t) Judicial Review.—

“(1) Statute of limitations.—Notwithstanding any

applicable provision of law—

“(A) an action seeking judicial review of the approval by

the Administrator of a State permit program pursuant to this

section shall be filed not later than 60 days after the date

on which the approval was issued;

“(B) an action seeking judicial review of an individual

permit or general permit issued under this section shall be

filed not later than 60 days after the date on which the

permit was issued; and

“(C) an action seeking judicial review of a verification

that an activity involving the discharge of dredged or fill

material is authorized by a general permit issued under this

section shall be filed not later than 60 days after the date

on which the verification was issued.

“(2) Limitation on commencement of certain actions.—

Notwithstanding any other provision of law, no action

described in subparagraph (A) or (B) of paragraph (1) may be

commenced unless the action—

“(A) is filed by a party that submitted a comment—

“(i) during the public comment period for the

administrative proceedings related to the action; and

“(ii) which was sufficiently detailed to put the

Administrator, the Secretary, or the State, as applicable, on

notice of the issue on which the party seeks judicial review;

and

“(B) is related to that comment.

“(3) Jurisdiction.—

“(A) In general.—Unless otherwise provided by law, a

civil action subject to this subsection shall be filed in a

court of appeals of the United States for—

“(i) the judicial circuit in which, as applicable—

“(I) the applicant for the applicable permit is located or

has its principal place of business; or

“(II) the person seeking the applicable verification is

located or has its principal place of business;

“(ii) the judicial circuit for the State, as applicable—

“(I) for which the approval for a State permit program

pursuant to this section was sought; or

“(II) in which—

“(aa) the activity for which the permit was sought would

be carried out; or

“(bb) the activity for which the verification was sought

would be carried out; or

“(iii) the District of Columbia Circuit.

“(B) Original and exclusive jurisdiction.—A court of

appeals described in subparagraph (A) shall have original and

exclusive jurisdiction over the applicable civil action.

“(C) Standing.—Notwithstanding any other provision of

law, no court shall have jurisdiction to review a civil

action subject to this subsection unless the civil action is

filed—

“(i) not later than 60 days after the date on which the

challenged action was finalized; and

“(ii) by—

“(I) the applicant; or

“(II) a person who has suffered, or likely and imminently

will suffer, direct and irreparable economic harm from the

approval, permit, or verification, subject to the condition

that an organization or association shall satisfy the

requirement of this clause only if each member of the

organization or association satisfies the requirement.

“(4) Standard of review.—In reviewing the denial of a

permit under this section, a court shall find the denial

unlawful unless the court finds, based on clear and

convincing evidence, that—

“(A) the Secretary has demonstrated that no condition on

the permit would achieve compliance with the applicable

provisions of section 301, 302, 303, 306, or 307; and

“(B) the Secretary considered specific alternative

conditions, including alternatives offered by the applicant,

and determined that those alternative conditions would not

achieve compliance with this section.

“(5) Nonapplicant challenges.—If a party other than the

applicant brings a civil action subject to this subsection

seeking review of a permit under this section, the

nonapplicant party shall demonstrate, with clear and

convincing evidence, that, as applicable, the approval of the

State permit program, the project for which the permit was

granted, or the project for which verification was provided

fails to achieve compliance with this section.

“(6) Remedies.—

“(A) Actions relating to permit programs.—If a court

determines that the Administrator, in issuing the approval of

a State permit program under this section, did not comply

with this section—

“(i) the court shall remand the matter to the

Administrator for further proceedings consistent with the

determination of the court; and

“(ii) the court may not vacate, revoke, enjoin, or

otherwise limit the authority of the State to issue permits

under that State permit program.

“(B) Actions relating to permits.—If a court determines

that the Secretary or a State, as applicable, did not comply

with the requirements of this section in issuing an

individual or general permit under this section, or in

verifying that an activity involving a discharge of dredged

or fill material is authorized by a general permit issued

under this section, as applicable—

“(i) the court shall remand the matter to the Secretary or

the State, as applicable, for further proceedings consistent

with the determination of the court;

“(ii) with respect to a determination regarding the

issuance of an individual or general permit under this

section—

“(I) the court may not vacate, revoke, enjoin, or

otherwise limit the permit unless the court finds that

activities authorized under the permit would present an

imminent and substantial danger to human health or the

environment for which there is no other equitable remedy

available under the law; and

“(II) any injunction or other limitation ordered pursuant

to subclause (I)—

“(aa) shall be narrowly tailored to the specific crossing,

discharge, segment, or activity found to present an imminent

and substantial danger; and

“(bb) may not extend to unrelated crossings, spreads, or

project segments that are independently authorized and not

the source of the alleged harm; and

“(iii) with respect to a determination regarding a

verification that an activity involving a discharge of

dredged or fill material is authorized by a general permit

issued under this section, the court may not enjoin or

otherwise limit the discharge unless the court finds that

activities authorized under the permit would present an

imminent and substantial danger to human health or the

environment for which there is no other equitable remedy

available under the law.

“(7) Timeline to act on court order.—If a court remands a

matter under paragraph (6), the court shall set and enforce a

reasonable schedule and deadline, which may not exceed 180

days from the date on which the court remands the matter

except as otherwise required by law, for the Administrator,

the Secretary, or a State, as applicable, to take such

actions as the court may order.”.

SEC. 4806. HARDROCK MINING MILL SITES.

(a) Multiple Mill Sites.—Section 2337 of the Revised

Statutes (30 U.S.C. 42) is amended by adding at the end the

following:

“(c) Additional Mill Sites.—

“(1) Definitions.—In this subsection:

“(A) Mill site.—The term `mill site' means a location of

public land that is reasonably necessary for waste rock or

tailings disposal or other operations reasonably incident to

mineral development on, or production from land included in a

plan of operations.

“(B) Operations; operator.—The terms `operations' and

`operator' have the meanings given those terms in section

3809.5 of title 43, Code of Federal Regulations (as in effect

on the date of enactment of this subsection).

“(C) Plan of operations.—The term `plan of operations'

means a plan of operations that an operator must submit and

the Secretary of the Interior or the Secretary of

Agriculture, as applicable, must approve before an operator

may begin operations, in accordance with, as applicable—

“(i) subpart 3809 of title 43, Code of Federal Regulations

(or successor regulations establishing application and

approval requirements); and

“(ii) part 228 of title 36, Code of Federal Regulations

(or successor regulations establishing application and

approval requirements).

“(D) Public land.—The term `public land' means land owned

by the United States that is open to location under sections

2319 through 2344 of the Revised Statutes (30 U.S.C. 22 et

seq.), including—

“(i) land that is mineral-in-character (as defined in

section 3830.5 of title 43, Code of Federal Regulations (as

in effect on the date of enactment of this subsection));

“(ii) nonmineral land (as defined in section 3830.5 of

title 43, Code of Federal Regulations (as in effect on the

date of enactment of this subsection)); and

“(iii) land where the mineral character has not been

determined.

“(2) In general.—Notwithstanding subsections (a) and (b),

where public land is needed by the proprietor of a lode or

placer claim for operations in connection with any lode or

placer claim within the proposed plan of operations, the

proprietor may—

“(A) locate and include within the plan of operations as

many mill site claims under this subsection as are reasonably

necessary for its operations; and

“(B) use or occupy public land in accordance with an

approved plan of operations.

“(3) Mill sites convey no mineral rights.—A mill site

under this subsection does not convey mineral rights to the

locator.

“(4) Size of mill sites.—A location of a single mill site

under this subsection shall not exceed 5 acres.

“(5) Mill site and lode or placer claims on same tracts of

public land.—A mill site may be located under this

subsection on a tract of public land on which the claimant or

operator maintains a previously located lode or placer claim.

“(6) Effect on mining claims.—The location of a mill site

under this subsection shall not affect the validity of any

lode or placer claim, or any rights associated with such a

claim.

“(7) Patenting.—A mill site under this section shall not

be eligible for patenting.

“(8) Savings provisions.—Nothing in this subsection—

“(A) diminishes any right (including a right of entry,

use, or occupancy) of a claimant;

“(B) creates or increases any right (including a right of

exploration, entry, use, or occupancy) of a claimant on land

that is not open to location under the general mining laws;

“(C) modifies any provision of law or any prior

administrative action withdrawing land from location or

entry;

“(D) limits the right of the Federal Government to

regulate mining and mining-related activities (including

requiring claim validity examinations to establish the

discovery of a valuable mineral deposit) in areas withdrawn

from mining, including under—

“(i) the general mining laws;

“(ii) the Federal Land Policy and Management Act of 1976

(43 U.S.C. 1701 et seq.);

“(iii) the Wilderness Act (16 U.S.C. 1131 et seq.);

“(iv) sections 100731 through 100737 of title 54, United

States Code;

“(v) the Endangered Species Act of 1973 (16 U.S.C. 1531 et

seq.);

“(vi) division A of subtitle III of title 54, United

States Code (commonly referred to as the `National Historic

Preservation Act'); or

“(vii) section 4 of the Act of July 23, 1955 (commonly

known as the `Surface Resources Act of 1955') (69 Stat. 368,

chapter 375; 30 U.S.C. 612);

“(E) restores any right (including a right of entry, use,

or occupancy, or right to conduct operations) of a claimant

that—

“(i) existed prior to the date on which the land was

closed to, or withdrawn from, location under the general

mining laws; and

“(ii) that has been extinguished by such closure or

withdrawal; or

“(F) modifies section 404 of division E of the

Consolidated Appropriations Act, 2024 (Public Law 118-42).”.

(b) Abandoned Hardrock Mine Fund.—

(1) Establishment.—There is established in the Treasury of

the United States a separate account, to be known as the

“Abandoned Hardrock Mine Fund” (referred to in this

subsection as the “Fund”).

(2) Source of deposits.—Any amounts collected by the

Secretary of the Interior pursuant to the claim maintenance

fee under section 10101(a)(1) of the Omnibus Budget

Reconciliation Act of 1993 (30 U.S.C. 28f(a)(1)) on mill

sites located under subsection (c) of section 2337 of the

Revised Statutes (30 U.S.C. 42) shall be deposited into the

Fund.

(3) Use.—The Secretary of the Interior may make

expenditures from amounts available in the Fund, without

further appropriations, only to carry out section 40704 of

the Infrastructure Investment and Jobs Act (30 U.S.C. 1245).

(4) Allocation of funds.—Amounts made available under

paragraph (3)—

(A) shall be allocated in accordance with section

40704(e)(1) of the Infrastructure Investment and Jobs Act (30

U.S.C. 1245(e)(1)); and

(B) may be transferred in accordance with section

40704(e)(2) of that Act (30 U.S.C. 1245(e)(2)).

Budget Reconciliation Act of 1993 (30 U.S.C. 28f) is

amended—

(1) by striking “the Mining Law of 1872 (30 U.S.C. 28-

28e)” each place it appears and inserting “sections 2319

through 2344 of the Revised Statutes (30 U.S.C. 22 et

seq.)”;

(2) in subsection (a)—

(A) in paragraph (1)—

(i) in the second sentence, by striking “Such claim

maintenance fee” and inserting the following:

“(B) Fee.—The claim maintenance fee under subparagraph

(A)”; and

(ii) in the first sentence, by striking “The holder of”

and inserting the following:

“(A) In general.—The holder of”; and

(B) in paragraph (2)—

(i) in the second sentence—

(I) by striking “the Mining Law of 1872 (30 U.S.C. 28 to

28e)” and inserting “sections 2319 through 2344 of the

Revised Statutes (30 U.S.C. 22 et seq.)”; and

(II) by striking “Such claim maintenance fee” and

inserting the following:

“(B) Fee.—The claim maintenance fee under subparagraph

(A)”; and

(ii) in the first sentence, by striking “The holder of”

and inserting the following:

“(A) In general.—The holder of”; and

(3) in subsection (b)—

(A) in the second sentence, by striking “The location

fee” and inserting the following:

“(2) Fee.—The location fee”; and

(B) in the first sentence, by striking “The claim main

tenance fee” and inserting the following:

“(1) In general.—The claim maintenance fee”.

SEC. 4807. AMENDMENTS TO NEPA.

(a) Purposes.—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.

“(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 of

review” after “level of review”;

(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”;

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, ordinance, resolution, regulation, or formally

adopted policy; 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 preparing 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) 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 land 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.

“(e) Effect of Threshold Determinations on Other

Agencies.—If a lead agency determines that an environmental

document is not required to be prepared with respect to a

proposed agency action under subsection (a), no other Federal

agency may prepare an environmental document with respect to

the proposed agency action.”.

(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 accordance with the deadlines

described 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) in the first sentence, by inserting “(including

counties, boroughs, parishes, and other political

subdivisions of a State)” after “local agency”; and

(ii) by adding at the end the following: “Such comments

from Federal cooperating agencies shall be limited to matters

relating to the proposed agency action with respect to which

the 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.—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) 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 the period at the end and

inserting “, which shall, where applicable, 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 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—

“(I) to determine that the application is complete; and

“(II) to begin preparation of an environmental document.

“(B) Agency determination.—

“(i) Complete determination.—If an agency determines that

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—

“(aa) the proposed agency action is excluded pursuant to 1

of the agency's categorical exclusions;

“(bb) the proposed agency action is not a major Federal

action; or

“(cc) no further agency action is required;

“(II) issue a notice of intent to prepare an environmental

impact statement for the 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 an 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 the date on

which 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 agency to become a cooperating agency.

“(B) Deadline to accept invitation.—Not later than 21

days after the date on which an agency receives an invitation

to become a cooperating agency under subparagraph (A)(ii),

the 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 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.—If 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 the date on

which the lead agency becomes 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 the agency accepts the

invitation.”;

(i) in the paragraph heading, by striking “In general”

and inserting “Review timeline”; and

(ii) in the matter preceding subparagraph (A), by striking

“paragraph (2)” and inserting “paragraph (5)”;

(D) by inserting after paragraph (3) (as so redesignated)

the following:

“(4) Deadline for final agency action.—

“(A) In general.—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.

“(B) Performance schedule.—The agency issuing the final

agency action under subparagraph (A) 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) in subparagraph (A), 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,

this Act.”.

(d) Programmatic Environmental Documents.—Section 108 of

the National Environmental Policy Act of 1969 (42 U.S.C.

4336b) is amended—

(1) in the matter preceding paragraph (1), by striking

“When an agency prepares” and inserting the following:

“(a) Programmatic Environmental Documents.—When an agency

prepares”;'

(2) in subsection (a) (as so designated)—

(A) in paragraph (1), by striking “5” and inserting

“10”; and

(B) in paragraph (2), by striking “5” and inserting

“10”; and

(3) 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.—

“(A) In general.—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.

“(B) Public availability.—The lead agency shall make any

environmental assessment or environmental impact statement

modified under subparagraph (A) 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—

(1) in the matter preceding paragraph (1), in the first

sentence, by inserting “, or that was legislatively enacted

by Congress,” after “procedures”;

(2) in paragraph (1), by inserting “, or that was

established by Congress,” after “procedures”; and

(3) in paragraph (2), by inserting “if applicable,”

before “consult”.

(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 (1), (2), (3), (4), (5),

(6), (7), (8), (11), (12), and (13) as paragraphs (2), (3),

(4), (5), (6), (7), (8), (11), (12), (13), and (15),

respectively, and moving all paragraphs of the section so as

to appear in numerical order;

(3) 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.”;

(4) in paragraph (10)—

(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) 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;

(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

(v) in clause (viii) (as so redesignated), by striking

“entirely”; 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 inserting after paragraph (13) (as so redesignated)

the following:

“(14) 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,”.

(h) Judicial Review.—Title I of the National Environmental

Policy Act of 1969 is amended—

(1) by redesignating section 112 (42 U.S.C. 4336f) as

section 110A, and moving the 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 or petition

for review 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 with respect to the environmental effects included in

the final agency action or 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

that title, 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 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; and

“(ii) 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.

“(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.

“(3) Prohibition.—No court may issue a temporary

restraining order or preliminary injunction during

consideration of a claim or petition for review described in

subsection (a).

“(c) Limitations on Claims and Petitions for Review.—

“(1) In general.—Notwithstanding any other provision of

law (except as provided in subparagraph (A) with respect to a

shorter deadline), a claim or petition for review described

in subsection (a) shall be barred unless—

“(A) the claim or petition for review is filed not later

than 150 days after the date on which the final agency action

is made public, unless a shorter deadline is specified under

Federal law;

“(B) in the case of a final agency action or petition for

review for which there was a public comment period on an

environmental document, the claim or petition for review—

“(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

“(ii) concerns the same subject matter raised in the

comment submitted during the public comment period;

“(C) the claim or petition for review is filed by a party

that has suffered or imminently will suffer direct harm from

the final agency action; and

“(D) the claim or petition for review 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.

“(3) Actions for use of tribal trust resources.—

“(A) In general.—For any final agency action that

authorizes or affects the use of land, 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, except as provided in

subparagraph (B), there shall be no administrative or

judicial review of the final agency action or petition for

review based on a claim of failure to comply with the

requirements of this Act.

“(B) Limitation.—Subparagraph (A) shall not apply to

actions for administrative or judicial review—

“(i) brought by a federally recognized Indian Tribe for

which the United States holds the land, minerals, or other

resources in trust; or

“(ii) that involve reasonably foreseeable effects of the

final agency action that occur outside the land, 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 or petition for review 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 or petition for review.

“(2) Accelerated deadlines.—Nothing in this subsection

prevents a court from further expediting review of a claim or

petition for review described in subsection (a).

“(3) Appeals.—

“(A) Filing.—

“(i) In general.—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.

“(ii) Remanded actions.—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.—Nothing in this section affects the right to

obtain review under section 107(g)(6).”.

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