119-hr4776

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4776 Introduced in House

    (IH) ]

<DOC>

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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