H.R. 4776

119th CONGRESS 1st Session

To amend the National Environmental Policy Act of 1969 to clarify ambiguous provisions and facilitate a more efficient, effective, and timely environmental review process.

IN THE HOUSE OF REPRESENTATIVES · July 25, 2025 · Sponsor: Mr. Westerman · Committee: Committee on Natural Resources

Table of contents

• H.R. 4776
  • SEC. 1. Short title
  • SEC. 2. NEPA reform
  • SEC. 3. Judicial review

SEC. 1. Short title

• This Act may be cited as the or the .

SEC. 2. NEPA reform

• (a) Purpose
  • Section 2 of the National Environmental Policy Act of 1969 () is amended— 42 U.S.C. 4321
    • by striking and inserting the following:
      • The purposes
      • This Act is a purely procedural statute intended to ensure Federal agencies consider the environmental impacts of their actions during the decisionmaking process. This Act does not mandate particular results, and only prescribes a process. Nothing in this Act shall be construed to mandate any specific environmental outcome or result, nor shall this Act be interpreted to confer substantive rights or impose substantive duties beyond procedural requirements.
    • by adding at the end the following:
• (b) Procedure for determination of level of review
  • Section 106 of the National Environmental Policy Act of 1969 () is amended— 42 U.S.C. 4336
    • in the heading, by inserting after ;
    • in subsection (a)—
      • in paragraph (3), by striking ;
      • in paragraph (4), by striking action.and inserting action;; and
        • 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
        • the proposed agency action—
          • relates to a project or action that has already been reviewed pursuant to a State or Tribal environmental review statute; and
          • the lead agency determines such review meets the requirements of this Act.
      • by adding at the end the following:
    • in subsection (b)—
      • in paragraph (2), by striking does notand inserting is not likely to; and
        • is not required to—
          • (i) undertake new scientific or technical research unless the new scientific or technical research is essential to a reasoned choice among alternatives, and the overall costs and time frame of obtaining it are not unreasonable; or
          • (ii) undertake new scientific and technical research after the receipt of an application, as applicable, with respect to such proposed agency action.
      • in paragraph (3), by amending subparagraph (B) to read as follows:
      • (c) Scope of review
        • In developing an environmental document for a proposed agency action, a Federal agency—
          • 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
          • 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.
    • by adding at the end the following:
• (c) Timely and unified Federal reviews
  • Section 107 of the National Environmental Policy Act of 1969 () is amended— 42 U.S.C. 4336a
    • in subsection (a)(3), by adding at the end ; Such comments 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.
    • in subsection (b)—
      • by striking and inserting the following:
        • (1) Document
          • To the extent practicable,
        • (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 sooner of, as applicable—
              • (i) the date of receipt of an application with respect to such proposed agency action; and
              • (ii) the date of publication of a notice of intent or decision to prepare such environmental document for such proposed agency action.
          • (B) Applicability to other law
            • This paragraph does not affect any review of information required under subchapter II of of title 5, United States Code, with respect to comments received during the public comment period as applicable. chapter 5
          • (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 specified in subparagraph (A).
      • by adding at the end the following:
    • in subsection (d), by striking action.and inserting action. Where applicable, the statement of purpose and need shall meet the goals of the applicant.; and
    • in subsection (g)—
      • in paragraph (2), by striking , in consultation with the applicant, toand inserting if the applicant approves such extension. If the applicant approves such extension, the lead agency shall;
      • in paragraph (3)(A), by striking A project sponsor mayand inserting Except as provided in subparagraph (C), a project sponsor may; and
        • (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.
      • by adding at the end the following:
• (d) Programmatic environmental documents
  • Section 108 of the National Environmental Policy Act of 1969 () is amended— 42 U.S.C. 4336b
    • in paragraph (1), by striking and inserting ; and
    • in paragraph (2), by striking and inserting .
• (e) Adoption of categorical exclusions
  • Section 109 of the National Environmental Policy Act of 1969 () is amended— 42 U.S.C. 4336c
    • in the text preceding paragraph (1), by inserting after ; and
    • in paragraph (2), by inserting after .
• (f) Definitions
  • Section 111 of the National Environmental Policy Act of 1969 () is amended— 42 U.S.C. 4336e
    • in paragraph (1), by inserting after ;
    • in paragraph (10)—
    • by adding at the end the following:
• (g) Duties
  • Section 204 of the National Environmental Policy Act of 1969 () is amended in paragraph (4) by inserting after . 42 U.S.C. 4344

SEC. 3. Judicial review

• Title I of the National Environmental Policy Act of 1969 () is amended by adding at the end the following: 42 U.S.C. 4331 et seq.
  • (a) Standard of review
    • Notwithstanding 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 the procedural requirements of this Act if the court determines— chapter 7
      • the agency abused its substantial discretion in complying with the procedural requirements of this Act; and
      • the agency would have reached a different result with respect to the final agency action absent such abuse of substantial discretion.
  • (b) Role of the court
    • A court reviewing a claim described in subsection (a) may not substitute its judgment for that of the agency regarding the environmental effects of a proposed agency action.
  • (c) 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—
        • specific instruction to correct the errors or deficiencies in compliance; and
        • a reasonable schedule and deadline, which such deadline may not exceed—
          • (i) with regard to an order entered on or after the date of enactment of this section, the date that is 180 days after the date on which the order was entered; and
          • (ii) with regard to an order entered before the date of enactment of this section, the date that is 180 days after the date of enactment of this section.
    • (2) Continued effect of final agency action
      • A final agency action remanded under paragraph (1) shall remain in effect while the Federal agency corrects any errors or deficiencies specified by the court.
  • (d) Limitations on claims
    • (1) In general
      • Notwithstanding of title 5, United States Code, a claim described in subsection (a) shall be barred unless— chapter 7
        • such claim is filed not later than 150 days after the final agency action is made public, unless a shorter timeline is specified under Federal law;
        • in the case of a final agency action for which there was a public comment period on an environmental document, such claim—
          • (i) is filed by a party that submitted a substantive and unique comment during such public comment period by the noticed comment deadline for the environmental document and such comment was sufficiently detailed to put the applicable Federal agency on notice of the issue upon which the party seeks review and 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
        • such claim does not challenge the establishment of a categorical exclusion.
    • (2) Supplemental environmental documents
      • If an agency issues a supplemental environmental document in response to a court order remanding a final agency action, the deadline described in paragraph (1)(A) shall be the date on which the agency makes public the agency action for which the supplemental environmental document is prepared. A claim for review of such final agency action shall be limited to information contained in the final supplemental environmental document that was not contained in a previous environmental document for the final agency action.
  • (e) Deadline for resolution
    • (1) In general
      • A court shall issue a final judgment on a claim described in subsection (a)—
        • as expeditiously as practicable; and
        • 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 may be construed to prevent a court form further expediting review of a claim described in subsection (a).
    • (3) Appeals
      • (A) Filing
        • A notice of appeal of a final judgment described in this subsection shall be filed not later than 60 days after such final judgment is issued.
      • (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.
  • (f) Final agency actions
    • (1) In general
      • 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 of title 5, United States Code. chapter 7
    • (2) Agency action defined
      • In this section, the term agency action has the meaning given such term in section 551 of title 5, United States Code.
  • (g) No effect on review of compliance with other deadlines
    • This section shall not affect the right to obtain review under section 107(g)(3).