H.R. 4776
SPEED Act
Official summary
Written by the Congressional Research Service.
Standardizing Permitting and Expediting Economic Development Act or the SPEED Act
This bill limits the scope of the National Environmental Policy Act of 1969 (NEPA) and modifies the environmental review of major federal actions under NEPA to generally limit the number of federal actions that trigger NEPA review and to expedite the review process.
For example, the bill redefines major federal actions, including to specify that an agency may not determine that an action is a major federal action based solely on the provision of federal funds.
It also excludes from the requirement for NEPA review certain proposed agency actions that have already been reviewed under another federal, state, or tribal environmental review statute that meets the requirements of NEPA.
The bill directs an agency, when preparing an environmental document for a proposed agency action, to consider only those effects proximately caused by the immediate project or action under consideration. Agencies 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 projects or actions.
The bill modifies the requirement for agencies to prepare an environmental assessment to apply to agency actions that are not likely to have a reasonably foreseeable significant effect on the quality of the human environment. (Currently, the requirement only applies to actions that do not have such an effect.)
The bill makes a variety of other modifications to NEPA, including by limiting judicial review of NEPA cases.
Text of the bill
Where this section came from
-
Jul 25, 2025 · Introduced in House Referred to House Committee on Natural Resources, Jul 25, 2025
-
Dec 4, 2025 · Reported in House Marked up by House Committee on Natural Resources, Nov 20, 2025 Reported by House Committee on Natural Resources, Dec 4, 2025 Committee members' individual votes aren't in our records.
(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: [Inserted into the law:
(a) The purposes
]
; and
… 11 unchanged passages …
(5) the
agency determines the
proposed agency action is an action for which such agency’s compliance with another statute’s requirements
serve
serves
a
the
similar
function
as
of
the
agency
requirements
compliance
of
with
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
environmental review statute
or
a
Tribal environmental review statute
;
,
and
ordinance,
(B)
resolution, regulation, or formally adopted policy and
the lead agency determines such review
meets
serves
the
requirements
function
of
agency compliance with
this Act.
… 7 unchanged passages …
(ii) undertake new scientific
and
or
technical research after the receipt of an application, as applicable, with respect to
such
a
proposed agency action.
… 4 unchanged passages …
(c) Scope of review. In
developing
preparing
an environmental document for a proposed agency action, a Federal agency— (1) may
consider
only
consider
those
effects that share a reasonably close causal relationship to, and are proximately caused by, the immediate project or action under consideration; and
… 1 unchanged passage …
(d) Certainty. (1) Environmental documents. A Federal agency may not rescind, withdraw, amend, alter, or otherwise render ineffective any environmental document completed under this Act for a project or action where there is an applicant unless the Federal agency has been so ordered by a court or the applicant has agreed in writing to such rescission, withdrawal, amendment, or alteration . (2) Authorizations. (A) In general. Except as provided in this subsection or existing law, a Federal agency may not revoke, rescind, withdraw, terminate, suspend, amend, alter, or take any other action to interfere with an authorization unless— (i) the Federal agency is required to take such action by order of a court of competent jurisdiction; (ii) the holder of the authorization has materially breached the terms of the authorization, or otherwise violated applicable law; (iii) the authorization was obtained through fraud, intentional concealment, or material misrepresentation; (iv) such action is necessary to prevent specific, immediate, substantial, and proximate harm or damage to life, property, national security, or defense that was not considered in the underlying environmental review process or final agency action for the authorization; or (v) the Federal agency has received a request from the holder of the authorization or project sponsor to take such action. (B) Requirement. The actions described in subparagraph (A) shall be, as appropriate and where feasible, supported by clear and convincing evidence and reasonably limited in duration and scope by the agency to address the specific issue such action is intended to address. (C) Notice. Before an agency takes an action described in subparagraph (A), the agency shall notify the holder of the authorization and the project sponsor in writing of such action, including by providing a detailed explanation of the action, identifying the statutory authority relied upon for the action, and providing the evidence supporting the action. (D) Judicial review. (i) In general. An action described in subparagraph (A) shall be subject to judicial review under chapter 7 of title 5, United States Code. (ii) Venue. A person seeking judicial review of an action described in subparagraph (A) may only obtain review of such action in the United States court of appeals for any circuit wherein the project for which the authorization was issued is located. (iii) Petitions by Federal agencies. No Federal agency may petition a court for vacatur or voluntary remand of an authorization unless the holder of the authorization or the project sponsor consents in writing to such a petition. (E) Savings clause. Nothing in subparagraph (A) shall be construed to provide any Federal agency new, enhanced, or expanded authority, or to limit any existing authority, concerning any authorization. (e) Presumption of negative impacts of taking no action relating to tribal trust resources. For any proposed agency action carried out on, or directly affecting, tribal trust resources (including lands and minerals) that is initiated by the federally recognized Indian Tribe for which the United States holds the affected resources in trust, and for which an environmental document was prepared that included consideration of a no action alternative, there shall be a presumption that the effects of taking no action will be negative for the federally recognized Indian Tribe. (f) Effect of threshold determinations on other agencies. If a lead agency determines an environmental document is not required to be prepared with respect to a proposed agency action under subsection (a), another agency may not prepare an environmental document with respect to such proposed agency action.
]
(c) Timely and unified Federal reviews.
(1) Lead Agency.
Section 107
(a)
of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a
)
(a))
is amended— (
1
A
) in
subsection
paragraph
(
a)(3
2)— (i) in subparagraph (B
), by
adding
striking
at the
end
earliest
Such
practicable
comments
time
shall
and
be
inserting
limited
in
to
accordance
matters
with
relating
subsection
to
(g)(2); (ii) in subparagraph (D), by striking carry out
the proposed agency action
with
and
respect
inserting
to
carry
which
out
such
the
cooperating
proposed
agency
has
action
jurisdiction
in
by
compliance
law.
with
If
the deadlines outlined in subsection (g); and (iii) in subparagraph (E)— (I) by striking
a
lead
review
agency
and
determines
inserting
an environmental
document
review;
is
and
not
(II)
required
by
to
striking
be
such
prepared
review
with
and
respect
inserting
to
such
a
environmental
proposed
review;
agency
and
action
(B)
under
in
section
paragraph
106
(
3)— (i) by inserting (including counties, boroughs, parishes, and other political subdivisions of
a
), another
State) after local
agency
;
may
and
not
(ii)
prepare
by
an
adding
environmental
at
document
the end Such comments from Federal cooperating agencies shall be limited to matters relating to the proposed agency action
with respect to
which
such
proposed
Federal cooperating
agency
action.;
has jurisdiction by law..
(2)
in
One
subsection
document. Section 107
(b
)—
) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(b)) is amended—
… 8 unchanged passages …
(A) In general. In
developing
preparing
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
earlier
of, as applicable—
… 3 unchanged passages …
(C)
Unnecessary delay
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
earlier
specified
of the dates described
in subparagraph (A).
]
(3)
in
Statement
subsection
of Purpose and Need. Section 107
(d
),
) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(d)) is amended
by striking action. and inserting action. Where applicable, the statement of purpose and need shall meet the goals of the applicant
.;
..
and
(4)
in
Deadlines.
subsection
Section 107
(g
)— (A
)
in
of
paragraph (2), by striking , in consultation with
the
applicant,
National
to
Environmental
and
Policy
inserting
Act
if
of
the
1969
applicant
(42
approves such extension
U
.
S.C.
If
4336a(g))
the
is
applicant
amended—
approves
(A)
such
by
extension,
redesignating
the
paragraphs
lead
(1),
agency
(2),
shall;
and
(
B
3
)
in
as
paragraph
paragraphs
(3
)(A
),
by
(5),
striking A project sponsor may
and
inserting Except as provided in subparagraph
(
C
6
),
a
respectively;
project
(B)
sponsor
by
may;
inserting
and
before paragraph
(
C
3
)
by
(as
adding
so
at
redesignated)
the
end the
following:
[Inserted into the law:
(
C
1
)
Exception
Applications for authorizations
.
(
A
)
project
Notification
sponsor
of complete or incomplete application. Unless a shorter deadline is specified by law, in connection with a proposed agency action for which an applicant submitted an application for an authorization to an agency, not later than 60 days after the date on which the applicant submits the application to the agency, the agency shall document the receipt of the application and— (i) notify the applicant
that
approved
the application is complete; or (ii) notify the applicant that the application is incomplete and request in writing any additional information that the agency needs to determine that the application is complete and begin preparation of
an
extension
environmental document. (B) Agency determination. (i) Complete determination. If an agency determines an application is complete under subparagraph (A)(i), the agency shall, not later than 60 days after the date on which the agency makes such determination— (I) notify the applicant that the agency has determined that the proposed agency action is excluded pursuant to one
of
the agency’s categorical exclusions, is not
a
deadline
major Federal action, or that no further agency action is required; (II) issue a notice of intent to prepare an environmental impact statement for such proposed agency action; or (III) notify the applicant that the agency has determined that preparation of an environmental assessment is necessary. (ii) Incomplete determination. If the agency requests additional information
under
paragraph
subparagraph
(
A)(ii), the deadline described in clause (i) shall be based on the date on which the agency receives the additional information instead of the date on which the determination is made. (
2)
may
Cooperating
not
agencies.
obtain
(A)
review
In general. Not later than 21 days after a lead agency issues a notice
of
intent under paragraph (1)(B)(i)(II) or notifies an applicant under paragraph (1)(B)(i)(III) with respect to
a
failure
proposed agency action, the lead agency shall— (i) identify all agencies that are likely
to
act
have
in
environmental
accordance
review, authorization, or other responsibilities
with
respect to the proposed agency action; and (ii) invite each
such
deadline
agency to become a cooperating agency. (B) Deadline to accept invitation. Not later than 21 days after an agency receives an invitation to become a cooperating agency
under subparagraph (A
)(ii), such agency shall accept or deny the invitation. (C
)
unless
Convening of cooperating agencies. Not later than 7 days after
the
deadline described in subparagraph (B) has passed for each agency that received an invitation to become a cooperating agency under subparagraph (A)(ii), the
lead agency
fails
that sent each such invitation shall convene each agency that accepts such an invitation
to
meet
coordinate on developing
the
new
schedule
deadline
under subsection (a)(2)(D) for the applicable proposed agency action. (D) Unidentified agencies. In the event that an agency that has jurisdiction by law
or
special expertise with respect to any environmental impact involved in a proposed agency action
is
delaying
not
for
identified
reasons
under
other
subparagraph
than
(A)(i),
those
the
necessary
lead agency with respect
to
complete
the
its
proposed
review
agency action shall— (i) invite such unidentified agency to become a cooperating agency by not later than 7 days after becoming aware that the agency has jurisdiction by law or special expertise; and (ii) if such agency accepts the invitation, incorporate such agency into the schedule developed under subsection (a)(2)(D) and update such schedule accordingly by not later than 14 days after the date on which such agency accepts the invitation
.
]
(C) in paragraph (3) (as so redesignated)—
(i) by striking In general and inserting Review timeline; and
(ii) by striking (2) and inserting (5);
(D) by inserting after paragraph (3) (as so redesignated) the following:
[Inserted into the law:
(4) Deadline for final agency action. For any proposed agency action for which an applicant submitted an application for an authorization to an agency, not later than 30 days after completing an environmental impact statement or an environmental assessment for the proposed agency action, the lead agency, and any cooperating agency, shall issue a final agency action. The agency issuing such final agency action shall include in the final agency action a performance schedule for the completion of any other outstanding authorizations.
]
(E) in paragraph (5) (as so redesignated)—
(i) by striking the deadline described in paragraph (1) and inserting a deadline described in this subsection; and
(ii) 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;
(F) in paragraph (6) (as so redesignated)—
(i) by striking A project sponsor may and inserting Except as provided in subparagraph (C), a project sponsor may; and
(ii) by adding at the end the following:
[Inserted into the law:
(C) Exception. A project sponsor that approved an extension of a deadline under paragraph (5) may not obtain judicial 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.
]
; and
(G) by adding at the end the following:
[Inserted into the law:
(7) Concurrent review. In carrying out an environmental review, the lead agency and each cooperating agency shall carry out the obligations of that agency under other applicable laws concurrently, and in conjunction, with other required reviews for the proposed agency action, pursuant to the requirements of applicable law, including, if applicable, under this Act.
]
(d) Programmatic environmental documents. Section 108 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336b) is amended—
(1)
by striking When an agency prepares and inserting the following: [Inserted into the law: (a) Programmatic environmental documents. When an agency prepares ] (2)
in paragraph (1), by striking 5 and inserting 10;
and
(
2
3
) in paragraph (2), by striking 5 and inserting 10
; and (4) by adding at the end the following: [Inserted into the law: (b) Reliance on previously completed environmental reviews
. (
1) Actions that are substantially the same. A lead agency may satisfy the requirements of this Act with respect to a major Federal action by relying on an environmental assessment, environmental impact statement, or a categorical exclusion determination that the lead agency, another Federal agency, or a project sponsor under the supervision of a Federal agency completed for another major Federal action if the lead agency determines that— (A) the new major Federal action is substantially the same as the other major Federal action or, if applicable, an alternative analyzed in such environmental assessment or environmental impact statement; and (B) if applicable, the effects of the new major Federal action are substantially the same as the effects analyzed in such environmental assessment or environmental impact statement. (2) Actions that are not substantially the same. If a new major Federal action is not substantially the same as another major Federal action or an alternative analyzed in an environmental assessment or environmental impact statement completed by the lead agency, another Federal agency, or a project sponsor under the supervision of a Federal agency, the lead agency may modify or augment any such previously completed environmental assessment or environmental impact statement as necessary to satisfy the requirements of this Act with respect to the new major Federal action. The lead agency shall make such modified environmental assessment or environmental impact statement publicly available as a new environmental assessment or environmental impact statement. ] (
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
by redesignating paragraphs (1) through (13) as paragraphs (2) through (14), respectively; (2) by inserting before
paragraph (
2) (as so redesignated) the following: [Inserted into the law: (
1
) Authorization. The term authorization means any lease, right-of-way, easement, license, permit, approval, finding, determination, or other administrative decision issued by an agency or any interagency consultation that is required or authorized under Federal law in order to construct, modify, or operate a project. ] (3) in paragraph (2) (as so redesignated
), by inserting , or Congress deems by statute, after Federal agency has determined; (
2
4
) in paragraph (
10
11) (as so redesignated
)—
… 2 unchanged passages …
(I) by inserting
,
grants (including capitalization
grants
), cost share awards,
after loan guarantees
;
,;
… 6 unchanged passages …
(v) the issuance of
a
an
permit or other
authorization by an agency where the
proposal
effects
under
of
consideration
the
is
action
otherwise
or project
being
evaluated
permitted
or
was
authorized were
previously evaluated by
the
another
lead
agency in compliance with this Act;
… 7 unchanged passages …
(
3
5
) by adding at the end the following:
[Inserted into the law:
(
14
15
) Reasonably foreseeable. The term reasonably foreseeable, with respect to environmental effects of a proposed agency action—
… 8 unchanged passages …
What is a markup?
A markup is a committee meeting where members go through a bill and vote on changes before sending it to the full chamber.
(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 (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 agency determines the proposed agency action is an action for which such agency’s compliance with another statute’s requirements serves the function of agency compliance with this Act with respect to such action; or
(6) the proposed agency action relates to a project or action that has already been reviewed pursuant to a State environmental review statute or a Tribal environmental review statute, ordinance, resolution, regulation, or formally adopted policy and the lead agency determines such review serves the function of agency compliance with 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 or technical research after the receipt of an application, as applicable, with respect to a proposed agency action.
; and
(4) by adding at the end the following:
(c) Scope of review. In preparing an environmental document for a proposed agency action, a Federal agency—
(1) may consider only those 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
(1) Environmental documents. A Federal agency may not rescind, withdraw, amend, alter, or otherwise render ineffective any environmental document completed under this Act for a project or action where there is an applicant unless the Federal agency has been so ordered by a court or the applicant has agreed in writing to such rescission, withdrawal, amendment, or alteration.
(2) Authorizations
(A) In general. Except as provided in this subsection or existing law, a Federal agency may not revoke, rescind, withdraw, terminate, suspend, amend, alter, or take any other action to interfere with an authorization unless—
(i) the Federal agency is required to take such action by order of a court of competent jurisdiction;
(ii) the holder of the authorization has materially breached the terms of the authorization, or otherwise violated applicable law;
(iii) the authorization was obtained through fraud, intentional concealment, or material misrepresentation;
(iv) such action is necessary to prevent specific, immediate, substantial, and proximate harm or damage to life, property, national security, or defense that was not considered in the underlying environmental review process or final agency action for the authorization; or
(v) the Federal agency has received a request from the holder of the authorization or project sponsor to take such action.
(B) Requirement. The actions described in subparagraph (A) shall be, as appropriate and where feasible, supported by clear and convincing evidence and reasonably limited in duration and scope by the agency to address the specific issue such action is intended to address.
(C) Notice. Before an agency takes an action described in subparagraph (A), the agency shall notify the holder of the authorization and the project sponsor in writing of such action, including by providing a detailed explanation of the action, identifying the statutory authority relied upon for the action, and providing the evidence supporting the action.
(D) Judicial review
(i) In general. An action described in subparagraph (A) shall be subject to judicial review under chapter 7 of title 5, United States Code.
(ii) Venue. A person seeking judicial review of an action described in subparagraph (A) may only obtain review of such action in the United States court of appeals for any circuit wherein the project for which the authorization was issued is located.
(iii) Petitions by Federal agencies. No Federal agency may petition a court for vacatur or voluntary remand of an authorization unless the holder of the authorization or the project sponsor consents in writing to such a petition.
(E) Savings clause. Nothing in subparagraph (A) shall be construed to provide any Federal agency new, enhanced, or expanded authority, or to limit any existing authority, concerning any authorization.
(e) Presumption of negative impacts of taking no action relating to tribal trust resources. For any proposed agency action carried out on, or directly affecting, tribal trust resources (including lands and minerals) that is initiated by the federally recognized Indian Tribe for which the United States holds the affected resources in trust, and for which an environmental document was prepared that included consideration of a no action alternative, there shall be a presumption that the effects of taking no action will be negative for the federally recognized Indian Tribe.
(f) Effect of threshold determinations on other agencies. If a lead agency determines an environmental document is not required to be prepared with respect to a proposed agency action under subsection (a), another agency may not prepare an environmental document with respect to such proposed agency action.
(c) Timely and unified Federal reviews
(1) Lead Agency. Section 107(a) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(a)) is amended—
(A) in paragraph (2)—
(i) in subparagraph (B), by striking at the earliest practicable time and inserting in accordance with subsection (g)(2);
(ii) in subparagraph (D), by striking carry out the proposed agency action and inserting carry out the proposed agency action in compliance with the deadlines outlined in subsection (g); and
(iii) in subparagraph (E)—
(I) by striking a review and inserting an environmental review; and
(II) by striking such review and inserting such environmental review; and
(B) in paragraph (3)—
(i) by inserting (including counties, boroughs, parishes, and other political subdivisions of a State) after local agency; and
(ii) by adding at the end Such comments from Federal cooperating agencies shall be limited to matters relating to the proposed agency action with respect to which such Federal cooperating agency has jurisdiction by law..
(2) One document. Section 107(b) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(b)) is amended—
(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 preparing 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 earlier 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) 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 earlier of the dates described in subparagraph (A).
(3) Statement of Purpose and Need. Section 107(d) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(d)) is amended by striking action. and inserting action. Where applicable, the statement of purpose and need shall meet the goals of the applicant..
(4) Deadlines. Section 107(g) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(g)) is amended—
(A) by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (5), and (6), respectively;
(B) by inserting before paragraph (3) (as so redesignated) the following:
(1) Applications for authorizations
(A) Notification of complete or incomplete application. Unless a shorter deadline is specified by law, in connection with a proposed agency action for which an applicant submitted an application for an authorization to an agency, not later than 60 days after the date on which the applicant submits the application to the agency, the agency shall document the receipt of the application and—
(i) notify the applicant that the application is complete; or
(ii) notify the applicant that the application is incomplete and request in writing any additional information that the agency needs to determine that the application is complete and begin preparation of an environmental document.
(B) Agency determination
(i) Complete determination. If an agency determines an application is complete under subparagraph (A)(i), the agency shall, not later than 60 days after the date on which the agency makes such determination—
(I) notify the applicant that the agency has determined that the proposed agency action is excluded pursuant to one of the agency’s categorical exclusions, is not a major Federal action, or that no further agency action is required;
(II) issue a notice of intent to prepare an environmental impact statement for such proposed agency action; or
(III) notify the applicant that the agency has determined that preparation of an environmental assessment is necessary.
(ii) Incomplete determination. If the agency requests additional information under subparagraph (A)(ii), the deadline described in clause (i) shall be based on the date on which the agency receives the additional information instead of the date on which the determination is made.
(2) Cooperating agencies
(A) In general. Not later than 21 days after a lead agency issues a notice of intent under paragraph (1)(B)(i)(II) or notifies an applicant under paragraph (1)(B)(i)(III) with respect to a proposed agency action, the lead agency shall—
(i) identify all agencies that are likely to have environmental review, authorization, or other responsibilities with respect to the proposed agency action; and
(ii) invite each such agency to become a cooperating agency.
(B) Deadline to accept invitation. Not later than 21 days after an agency receives an invitation to become a cooperating agency under subparagraph (A)(ii), such agency shall accept or deny the invitation.
(C) Convening of cooperating agencies. Not later than 7 days after the deadline described in subparagraph (B) has passed for each agency that received an invitation to become a cooperating agency under subparagraph (A)(ii), the lead agency that sent each such invitation shall convene each agency that accepts such an invitation to coordinate on developing the schedule under subsection (a)(2)(D) for the applicable proposed agency action.
(D) Unidentified agencies. In the event that an agency that has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposed agency action is not identified under subparagraph (A)(i), the lead agency with respect to the proposed agency action shall—
(i) invite such unidentified agency to become a cooperating agency by not later than 7 days after becoming aware that the agency has jurisdiction by law or special expertise; and
(ii) if such agency accepts the invitation, incorporate such agency into the schedule developed under subsection (a)(2)(D) and update such schedule accordingly by not later than 14 days after the date on which such agency accepts the invitation.
(C) in paragraph (3) (as so redesignated)—
(i) by striking In general and inserting Review timeline; and
(ii) by striking (2) and inserting (5);
(D) by inserting after paragraph (3) (as so redesignated) the following:
(4) Deadline for final agency action. For any proposed agency action for which an applicant submitted an application for an authorization to an agency, not later than 30 days after completing an environmental impact statement or an environmental assessment for the proposed agency action, the lead agency, and any cooperating agency, shall issue a final agency action. The agency issuing such final agency action shall include in the final agency action a performance schedule for the completion of any other outstanding authorizations.
(E) in paragraph (5) (as so redesignated)—
(i) by striking the deadline described in paragraph (1) and inserting a deadline described in this subsection; and
(ii) 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;
(F) in paragraph (6) (as so redesignated)—
(i) by striking A project sponsor may and inserting Except as provided in subparagraph (C), a project sponsor may; and
(ii) by adding at the end the following:
(C) Exception. A project sponsor that approved an extension of a deadline under paragraph (5) may not obtain judicial 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.
; and
(G) by adding at the end the following:
(7) Concurrent review. In carrying out an environmental review, the lead agency and each cooperating agency shall carry out the obligations of that agency under other applicable laws concurrently, and in conjunction, with other required reviews for the proposed agency action, pursuant to the requirements of applicable law, including, if applicable, under this Act.
(d) Programmatic environmental documents. Section 108 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336b) is amended—
(1) by striking When an agency prepares and inserting the following:
(a) Programmatic environmental documents. When an agency prepares
(2) in paragraph (1), by striking 5 and inserting 10;
(3) in paragraph (2), by striking 5 and inserting 10; and
(4) by adding at the end the following:
(b) Reliance on previously completed environmental reviews
(1) Actions that are substantially the same. A lead agency may satisfy the requirements of this Act with respect to a major Federal action by relying on an environmental assessment, environmental impact statement, or a categorical exclusion determination that the lead agency, another Federal agency, or a project sponsor under the supervision of a Federal agency completed for another major Federal action if the lead agency determines that—
(A) the new major Federal action is substantially the same as the other major Federal action or, if applicable, an alternative analyzed in such environmental assessment or environmental impact statement; and
(B) if applicable, the effects of the new major Federal action are substantially the same as the effects analyzed in such environmental assessment or environmental impact statement.
(2) Actions that are not substantially the same. If a new major Federal action is not substantially the same as another major Federal action or an alternative analyzed in an environmental assessment or environmental impact statement completed by the lead agency, another Federal agency, or a project sponsor under the supervision of a Federal agency, the lead agency may modify or augment any such previously completed environmental assessment or environmental impact statement as necessary to satisfy the requirements of this Act with respect to the new major Federal action. The lead agency shall make such modified environmental assessment or environmental impact statement publicly available as a new environmental assessment or environmental impact statement.
(e) Adoption of categorical exclusions. Section 109 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336c) is amended in the text preceding paragraph (1), by inserting , or that was legislatively enacted by Congress, after procedures.
(f) Definitions. Section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e) is amended—
(1) by redesignating paragraphs (1) through (13) as paragraphs (2) through (14), respectively;
(2) by inserting before paragraph (2) (as so redesignated) the following:
(1) Authorization. The term authorization means any lease, right-of-way, easement, license, permit, approval, finding, determination, or other administrative decision issued by an agency or any interagency consultation that is required or authorized under Federal law in order to construct, modify, or operate a project.
(3) in paragraph (2) (as so redesignated), by inserting , or Congress deems by statute, after Federal agency has determined;
(4) in paragraph (11) (as so redesignated)—
(A) in subparagraph (B)—
(i) in clause (iii)—
(I) by inserting grants (including capitalization grants), cost share awards, 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 an authorization by an agency where the effects of the action or project being permitted or authorized were previously evaluated by another 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
(5) by adding at the end the following:
(15) 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,.