119-hr573

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 573 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 573

 To require the Council on Environmental Quality to publish an annual 
 report on environmental reviews and causes of action based on alleged 
non-compliance with the National Environmental Policy Act of 1969, and 
 for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 21, 2025

Mr. Yakym (for himself and Mr. Panetta) introduced the following bill; 
 which was referred to the Committee on Natural Resources

_______________________________________________________________________

 A BILL

 To require the Council on Environmental Quality to publish an annual 
 report on environmental reviews and causes of action based on alleged 
non-compliance with the National Environmental Policy Act of 1969, 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 ``Studying NEPA's Impact on Projects 
Act''.

SEC. 2. ANNUAL REPORT ON NEPA'S IMPACT ON PROJECTS.

 

Section 201 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4341) is amended to read as follows:

``

SEC. 201. ANNUAL REPORT ON NEPA'S IMPACT ON PROJECTS.

 ``

    (a) Report Required.--Beginning July 1, 2025, the Council on 
Environmental Quality shall annually publish on the website of the 
Council on Environmental Quality, and submit to the Committee on 
Natural Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate, a report on--
 ``

    (1) each cause of action based on alleged non-compliance 
 with this Act that was active during the period beginning June 
 1 of the preceding year and ending June 1 of the current year, 
 which shall identify--
 ``
        (A) with respect to each such cause of action--
 ``
            (i) the defendant lead agency and the 
 lead plaintiff; and
 ``
            (ii) the court in which the cause of 
 action was brought and any court to which a 
 decision on the cause of action was appealed;
 ``
        (B) the number of such causes of action, 
 disaggregated by the defendant lead agency;
 ``
            (C) the alleged basis for each such cause of 
 action, disaggregated by type; and
 ``
            (D) the status and outcome, if applicable, of 
 each cause of action based on alleged non-compliance 
 with this Act that was active during the period 
 beginning June 1 of the preceding year and ending June 
 1 of the current year, including whether--
 ``
            (i) the cause of action resulted in the 
 major Federal action being reversed;
 ``
            (ii) the defendant lead agency was 
 allowed to move forward with the major Federal 
 action;
 ``
            (iii) the court issued a ruling directing 
 the defendant lead agency to take additional 
 measures to be in compliance;
 ``
            (iv) the lead plaintiff and the defendant 
 lead agency settled amongst themselves;
 ``
            (v) the cause of action is still active; 
 and
 ``
            (vi) the lead plaintiff received an 
 award, including an award of costs pursuant to 
 

section 2412 of title 28, United States Code;
 ``

    (2) the length of environmental impact statements and 
 environmental assessments prepared pursuant to 

section 102

    (2)
            (C) during the period of 5 years that ends on June 1 of 
 the current year, which shall include--
 ``
        (A) the average and median page count of each 
 draft and final environmental impact statement and 
 environmental assessment (including the appendix) 
 published in the Federal Register during such period of 
 5 years, including such page counts disaggregated by 
 quartiles;
 ``
        (B) the number of draft and final environmental 
 impact statements and environmental assessments 
 published in the Federal Register during such period of 
 5 years, disaggregated by defendant lead agency and 
 subagency as applicable; and
 ``
            (C) a description of trends in average and median 
 page count of draft and final environmental impact 
 statements and environmental assessments published in 
 the Federal Register during such period of 5 years 
 compared to prior reports published by the Council on 
 Environmental Quality;
 ``

    (3) the total cost to prepare the environmental impact 
 statements and environmental assessments described in paragraph

    (2) , including--
 ``
        (A) the full-time equivalent personnel hour 
 costs, contractor costs, and other direct costs of the 
 lead agency that prepared the environmental impact 
 statement or environmental assessment; and
 ``
        (B) if practicable, and noted where not 
 practicable, the costs incurred by cooperating 
 agencies, participating agencies, applicants, and 
 contractors; and
 ``

    (4) the timelines to complete environmental reviews 
 pursuant to 

section 102

    (2)
            (C) during the period of 10 years 
 that ends on June 1 of the current year, which shall include--
 ``
        (A) with respect to each major Federal action 
 commenced during such period of 10 years, the date on 
 which (as applicable)--
 ``
            (i) the project sponsor submitted an 
 application for any permit or other 
 authorization for the project;
 ``
            (ii) the lead agency began the scoping;
 ``
            (iii) the notice of intent to prepare the 
 environmental impact statement was published in 
 the Federal Register;
 ``
            (iv) the draft environmental impact 
 statement was published in the Federal 
 Register;
 ``
            (v) the final environmental impact 
 statement was published in the Federal 
 Register;
 ``
            (vi) the record of decision was published 
 in the Federal Register; and
 ``
            (vii) the lead agency provided to the 
 project sponsor notice to proceed on the 
 project;
 ``
        (B) the average and median publication timelines 
 during such period of 10 years for each document 
 described in subparagraph
        (A) ; and
 ``
            (C) a description of trends in completion times 
 during such period of 10 years for such documents 
 compared to prior reports published by the Council on 
 Environmental Quality.
 ``

    (b) Format.--
 ``

    (1) In general.--The information included in each report 
 required under subsection

    (a) shall be disaggregated by the 
 type of project and covered sector.
 ``

    (2) Covered sectors.--In this subsection, the term 
 `covered sector' means any of the following sectors:
 ``
        (A) Aviation and space.
 ``
        (B) Broadband.
 ``
            (C) Carbon capture and sequestration.
 ``
            (D) Conventional energy production.
 ``
        (E) Renewable energy production.
 ``
        (F) Electricity transmission.
 ``
        (G) Manufacturing.
 ``
        (H) Mining.
 ``
            (I) Pipelines.
 ``
        (J) Ports and waterways.
 ``
        (K) Surface transportation.
 ``
            (L) Information technology infrastructure.
 ``
            (M) Water resources.
 ``
        (N) Forestry.
 ``
        (O) Any other sector as determined by the Council 
 on Environmental Quality.
 ``
            (c) Public Availability of Data.--The Council on Environmental 
Quality shall publish with each report published under subsection

    (a) the underlying data used to prepare each such report and include any 
citations or other information necessary for the public to locate 
records related to the court proceedings for any cause of action 
described in subsection

    (a)

    (1) .''.
 <all>