[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 5323 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 5323 To amend the National Environmental Policy Act of 1969 to impose time limits on the completion of certain required actions under that Act, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES November 14, 2024 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ A BILL To amend the National Environmental Policy Act of 1969 to impose time limits on the completion of certain required actions under that Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Undoing NEPA's Substantial Harm by Advancing Concepts that Kickstart the Liberation of the Economy Act'' or the ``UNSHACKLE Act''. SEC. 2. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 MODIFICATIONS. (a) Process Requirements.--Section 107 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a) is amended to read as follows: ``SEC. 107. PROCESS REQUIREMENTS. ``(a) Definitions.--In this section: ``(1) Federal agency.--The term `Federal agency' includes a State that has assumed the responsibility of a Federal agency under-- ``(A) section 109; or ``(B) section 327 of title 23, United States Code. ``(2) Head of a federal agency.--The term `head of a Federal agency' includes the governor or head of an applicable State agency of a State that has assumed the responsibility of a Federal agency under-- ``(A) section 109; or ``(B) section 327 of title 23, United States Code. ``(b) Applicable Timelines.-- ``(1) NEPA process.-- ``(A) In general.--The head of a Federal agency shall complete the NEPA process for a proposed action of the Federal agency, as described in section 113(10)(B)(ii), not later than 2 years after the date described in section 113(10)(B)(i). ``(B) Environmental documents.--Within the period described in subparagraph (A), not later than 1 year after the date described in section 113(10)(B)(i), the head of the Federal agency shall, with respect to the proposed action-- ``(i) issue-- ``(I) a finding that a categorical exclusion applies to the proposed action; or ``(II) a finding of no significant impact; or ``(ii) publish a notice of intent to prepare an environmental impact statement in the Federal Register. ``(C) Environmental impact statement.--If the head of a Federal agency publishes a notice of intent described in subparagraph (B)(ii), within the period described in subparagraph (A) and not later than 1 year after the date on which the head of the Federal agency publishes the notice of intent, the head of the Federal agency shall complete the environmental impact statement and, if necessary, any supplemental environmental impact statement for the proposed action. ``(D) Penalties.-- ``(i) Definitions.--In this subparagraph: ``(I) Director.--The term `Director' means the Director of the Office of Management and Budget. ``(II) Federal agency.--The term `Federal agency' does not include a State. ``(III) Final nepa compliance date.--The term `final NEPA compliance date', with respect to a proposed action, means the date by which the head of a Federal agency is required to complete the NEPA process under subparagraph (A). ``(IV) Head of a federal agency.-- The term `head of a Federal agency' does not include the governor or head of a State agency of a State. ``(V) Initial eis compliance date.--The term `initial EIS compliance date', with respect to a proposed action for which a Federal agency published a notice of intent described in subparagraph (B)(ii), means the date by which an environmental impact statement for that proposed action is required to be completed under subparagraph (C). ``(VI) Initial nepa compliance date.--The term `initial NEPA compliance date', with respect to a proposed action, means the date by which the head of a Federal agency is required to issue or publish a document described in subparagraph (B) for that proposed action under that subparagraph. ``(VII) Initial noncompliance determination.--The term `initial noncompliance determination' means a determination under clause (ii)(I)(bb) that the head of a Federal agency has not complied with the requirements of subparagraph (A), (B), or (C). ``(ii) Initial noncompliance.-- ``(I) Determination.-- ``(aa) Notification.--As soon as practicable after the date described in section 113(10)(B)(i) for a proposed action of a Federal agency, the head of the Federal agency shall notify the Director that the head of the Federal agency is beginning the NEPA process for that proposed action. ``(bb) Determinations of compliance.-- ``(AA) Initial determination.--As soon as practicable after the initial NEPA compliance date for a proposed action, the Director shall determine whether, as of the initial NEPA compliance date, the head of the Federal agency has complied with subparagraph (B) for that proposed action. ``(BB) Environmental impact statement.--With respect to a proposed action of a Federal agency in which the head of the Federal agency publishes a notice of intent described in subparagraph (B)(ii), as soon as practicable after the initial EIS compliance date for a proposed action, the Director shall determine whether, as of the initial EIS compliance date, the head of the Federal agency has complied with subparagraph (C) for that proposed action. ``(CC) Completion of nepa process.--As soon as practicable after the final NEPA compliance date for a proposed action, the Director shall determine whether, as of the final NEPA compliance date, the head of the Federal agency has complied with subparagraph (A) for that proposed action. ``(II) Identification; penalty; notification.--If the Director makes an initial noncompliance determination for a proposed action-- ``(aa) the Director shall identify the account for the salaries and expenses of the office of the head of the Federal agency, or an equivalent account; ``(bb) beginning on the day after the date on which the Director makes the initial noncompliance determination, the amount that the head of the Federal agency may obligate from the account identified under item (aa) for the fiscal year during which the determination is made shall be reduced by 0.5 percent from the amount initially made available for the account for that fiscal year; and ``(cc) the Director shall notify the head of the Federal agency of-- ``(AA) the initial noncompliance determination; ``(BB) the account identified under item (aa); and ``(CC) the reduction under item (bb). ``(iii) Continued noncompliance.-- ``(I) Determination.--Every 90 days after the date of an initial noncompliance determination, the Director shall determine whether the head of the Federal agency has complied with the applicable requirements of subparagraphs (A) through (C) for the proposed action, until the date on which the Director determines that the head of the Federal agency has completed the NEPA process for the proposed action. ``(II) Penalty; notification.--For each determination made by the Director under subclause (I) that the head of a Federal agency has not complied with a requirement of subparagraph (A), (B), or (C) for a proposed action-- ``(aa) the amount that the head of the Federal agency may obligate from the account identified under clause (ii)(II)(aa) for the fiscal year during which the most recent determination under subclause (I) is made shall be reduced by 0.5 percent from the amount initially made available for the account for that fiscal year; and ``(bb) the Director shall notify the head of the Federal agency of-- ``(AA) the determination under subclause (I); and ``(BB) the reduction under item (aa). ``(iv) Requirements.-- ``(I) Amounts not restored.--A reduction in the amount that the head of a Federal agency may obligate under clause (ii)(II)(bb) or (iii)(II)(aa) during a fiscal year shall not be restored for that fiscal year, without regard to whether the head of a Federal agency completes the NEPA process for the proposed action with respect to which the Director made an initial noncompliance determination or a determination under clause (iii)(I). ``(II) Required timelines.--The violation of subparagraph (B) or (C), and any action carried out to remediate or otherwise address the violation, shall not affect any other applicable compliance date under subparagraph (A), (B), or (C). ``(E) Unexpected circumstances.--If, while carrying out a proposed action after the completion of the NEPA process for that proposed action, a Federal agency or project sponsor encounters a new or unexpected circumstance or condition that may require the reevaluation of the proposed action under this title, the head of the Federal agency with responsibility for carrying out the NEPA process for the proposed action shall-- ``(i) consider whether mitigating the new or unexpected circumstance or condition is sufficient to avoid significant effects that may result from the circumstance or condition; and ``(ii) if the head of the Federal agency determines under clause (i) that the significant effects that result from the circumstance or condition can be avoided, mitigate the circumstance or condition without carrying out the NEPA process again. ``(2) Authorizations and permits.-- ``(A) In general.--Not later than 90 days after the date described in section 113(10)(B)(ii), the head of a Federal agency shall issue-- ``(i) any necessary permit or authorization to carry out the proposed action; or ``(ii) a denial of the permit or authorization necessary to carry out the propo