[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