[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4776 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 4776
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
Mr. Westerman (for himself and Mr. Golden of Maine) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To amend the National Environmental Policy Act of 1969 to clarify
ambiguous provisions and facilitate a more efficient, effective, and
timely environmental review process.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Standardizing Permitting and
Expediting Economic Development Act'' or the ``SPEED Act''.
SEC. 2. NEPA REFORM.
(a) Purpose.--Section 2 of the National Environmental Policy Act of
1969 (42 U.S.C. 4321) is amended--
(1) by striking ``The purposes'' and inserting the
following:
``(a) The purposes''; and
(2) by adding at the end the following:
``(b) 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.''.
(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 heading, by inserting ``; scope of review''
after ``level of review'';
(2) in subsection (a)--
(A) in paragraph (3), by striking ``or'';
(B) in paragraph (4), by striking ``action.'' and
inserting ``action;''; and
(C) by adding at the end the following:
``(5) the proposed agency action is an action for which
such agency's compliance with another statute's requirements
serve a similar function as the requirements of this Act with
respect to such action; or
``(6) the proposed agency action--
``(A) relates to a project or action that has
already been reviewed pursuant to a State or Tribal
environmental review statute; and
``(B) the lead agency determines such review meets
the requirements of this Act.'';
(3) in subsection (b)--
(A) in paragraph (2), by striking ``does not'' and
inserting ``is not likely to''; and
(B) in paragraph (3), by amending subparagraph (B)
to read as follows:
``(B) 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.''; and
(4) by adding at the end the following:
``(c) Scope of Review.--In developing an environmental document for
a proposed agency action, a Federal agency--
``(1) may only consider effects that share a reasonably
close causal relationship to, and are proximately caused by,
the immediate project or action under consideration; and
``(2) may not consider effects that are speculative,
attenuated from the project or action, separate in time or
place from the project or action, or in relation to separate
existing or potential future projects or actions.
``(d) Certainty.--A Federal agency may not rescind, withdraw,
amend, alter, or otherwise render ineffective any environmental
document completed under this Act unless the Federal agency has been so
ordered by a court.''.
(c) Timely and Unified Federal Reviews.--Section 107 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4336a) is
amended--
(1) in subsection (a)(3), 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.'';
(2) in subsection (b)--
(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 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 chapter 5 of title 5, United
States Code, with respect to comments received during
the public comment period as applicable.
``(C) Unnecessary delay.--A Federal agency may not
delay the issuance of an environmental document or a
final agency action, including any decision or
determination, on the basis of awaiting new scientific
or technical research or information that was not
available as of the deadlines specified in subparagraph
(A).'';
(3) 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
(4) in subsection (g)--
(A) in paragraph (2), by striking ``, in
consultation with the applicant, to'' and inserting
``if the applicant approves such extension. If the
applicant approves such extension, the lead agency
shall'';
(B) in paragraph (3)(A), by striking ``A project
sponsor may'' and inserting ``Except as provided in
subparagraph (C), a project sponsor may''; and
(C) by adding at the end the following:
``(C) Exception.--A project sponsor that approved
an extension of a deadline under paragraph (2) may not
obtain review of a failure to act in accordance with
such deadline under subparagraph (A) unless the lead
agency fails to meet the new deadline or is delaying
for reasons other than those necessary to complete its
review.''.
(d) Programmatic Environmental Documents.--Section 108 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4336b) is
amended--
(1) in paragraph (1), by striking ``5'' and inserting
``10''; and
(2) in paragraph (2), by striking ``5'' and inserting
``10''.
(e) Adoption of Categorical Exclusions.--Section 109 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4336c) is
amended--
(1) in the text preceding paragraph (1), by inserting ``,
or that was legislatively enacted by Congress,'' after
``procedures''; and
(2) in paragraph (2), by inserting ``, if applicable,''
after ``established the categorical exclusion''.
(f) Definitions.--Section 111 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4336e) is amended--
(1) in paragraph (1), by inserting ``, or Congress deems by
statute,'' after ``Federal agency has determined'';
(2) in paragraph (10)--
(A) in subparagraph (B)--
(i) in clause (iii)--
(I) by inserting ``, grants'' after
``loan guarantees'';
(II) by striking ``sufficient'' and
inserting ``complete''; and
(III) by striking ``subsequent use
of such financial assistance or the'';
(ii) by redesignating clauses (iv) through
(vii) as clauses (vi) through (ix),
respectively; and
(iii) by inserting after clause (iii) the
following:
``(iv) farm ownership loans and operating
loan guarantees by the Farm Service Agency
pursuant to sections 305 and 311 through 319 of
the Consolidated Farm and Rural Development
Act;
``(v) the issuance of a permit or other
authorization by an agency where the proposal
under consideration is otherwise being
evaluated or was previously evaluated by the
lead agency in compliance with this Act;''; and
(B) by adding at the end the following:
``(C) Additional exclusions.--An agency action may
not be determined to be a major Federal action solely
on the basis of the provision of Federal funds,
including a grant, loan, loan guarantee, and funding
assistance.''; and
(3) by adding at the end the following:
``(14) Reasonably foreseeable.--The term `reasonably
foreseeable', with respect to environmental effects of a
proposed agency action--
``(A) means effects that share a reasonably close
causal relationship to, and are proximately caused by,
the immediate project or action under consideration;
and
``(B) 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.--Section 204 of the National Environmental Policy Act
of 1969 (42 U.S.C. 4344) is amended in paragraph (4) by inserting
``energy,'' after ``health,''.
SEC. 3. JUDICIAL REVIEW.
Title I of the National Environmental Policy Act of 1969 (42 U.S.C.
4331 et seq.) is amended by adding at the end the following:
``SEC. 113. JUDICIAL REVIEW.
``(a) Standard of Review.--Notwithstanding chapter 7 of title 5,
United States Code, in reviewing a claim of whether a final agency
action complies with the procedural requirements of this Act, a court
may only hold that the final agency action does not comply with the
procedural requirements of this Act if the court determines--
``(1) the agency abused its substantial discretion in
complying with the procedural requirements of this Act; and
``(2) 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--
``(A) specific instruction to correct the errors or
deficiencies in compliance; and
``(B) a reasonable schedule and deadline, which
such deadline may not exceed--
``(i) with 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 chapter 7 of title 5,
United States Code, a claim described in subsection (a) shall
be barred unless--
``(A) 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;
``(B) 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
``(C) 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)--
``(A) as expeditiously as practicable; and
``(B) unless a shorter timeline is specified under
Federal law, not later than the date that is 180 days
after the date on which the agency record for the
review is filed with the reviewing court, which shall
not be more than 30 days from the filing of the claim.
``(2) Accelerated deadlines.--Nothing in this subsection
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 chapter 7 of title 5, United States Code.
``(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).''.
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