NEPA Accountability and Enforcement Act
This bills establishes (1) deadlines for federal agencies to complete reviews of the environmental effects of proposed major federal actions, and (2) penalties for agencies that do not comply with these deadlines.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 721 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 721
To amend the National Environmental Policy Act of 1969 to impose time
limits on the completion of certain required actions under the Act, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 11, 2021
Mr. Lee (for himself, Mr. Barrasso, and Mr. Cruz) 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 the 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 ``NEPA Accountability and Enforcement
Act''.
SEC. 2. NATIONAL ENVIRONMENTAL POLICY ACT TIMELINES.
Title I of the National Environmental Policy Act of 1969 is
amended--
(1) by redesignating section 105 (42 U.S.C. 4335) as
section 106; and
(2) by inserting after section 104 (42 U.S.C. 4334) the
following:
``SEC. 105. APPLICABLE TIMELINES.
``(a) Definitions.--In this section:
``(1) Environmental impact statement.--The term
`environmental impact statement' means a detailed statement
required under section 102(2)(C).
``(2) Federal agency.--The term `Federal agency' includes a
State that has assumed responsibility under section 327 of
title 23, United States Code.
``(3) 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 responsibility under
section 327 of title 23, United States Code.
``(4) NEPA process.--
``(A) In general.--The term `NEPA process' means
the entirety of every process, analysis, or other
measure, including an environmental impact statement,
required to be carried out by a Federal agency under
this title before the agency undertakes a proposed
action.
``(B) Period.--For purposes of subparagraph (A),
the NEPA process--
``(i) begins on the date on which the head
of a Federal agency receives an application for
a proposed action from a project sponsor; and
``(ii) ends on the date on which the
Federal agency issues, with respect to the
proposed action--
``(I) a record of decision,
including, if necessary, a revised
record of decision;
``(II) a finding of no significant
impact; or
``(III) a categorical exclusion
under this title.
``(5) Project sponsor.--The term `project sponsor' means a
Federal agency or other entity, including a private or public-
private entity, that seeks approval of a proposed action.
``(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 subsection
(a)(4)(B)(ii), not later than 2 years after the date
described in subsection (a)(4)(B)(i).
``(B) Environmental documents.--Within the period
described in subparagraph (A), not later than 1 year
after the date described in subsection (a)(4)(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 subsection
(a)(4)(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).
``(2) Authorizations and permits.--
``(A) In general.--Not later than 90 days after the
date described in subsection (a)(4)(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
proposed action.
``(B) Effect of failure to issue authorization or
permit.--If a permit or authorization described in
subparagraph (A) is not issued or denied within the
period described in that subparagraph, the permit or
authorization shall be considered to be approved.
``(C) Denial of permit or authorization.--
``(i) In general.--If a permit or
authorization described in subparagraph (A) is
denied, the head of the Federal agency shall
describe to the project sponsor--
``(I) the basis of the denial; and
``(II) recommendations for the
project sponsor with respect to how to
address the reasons for the denial.
``(ii) Recommended changes.--If the project
sponsor carries out the recommendations of the
head of the Federal agency under clause (i)(II)
and notifies the head of the Federal agency
that the recommendations have been carried out,
the head of the Federal agency--
``(I) shall decide whether to issue
the permit or authorization described
in subparagraph (A) not later than 90
days after date on which the project
sponsor submitted the notification; and
``(II) shall not carry out the NEPA
process with respect to the proposed
action again.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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