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

Expand all
Sec. 3. Judicial review Changed · Dec 4, 2025

Where this section came from

  1. Jul 25, 2025 · Introduced in House Referred to House Committee on Natural Resources, Jul 25, 2025
  2. 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.
What changed in the text

Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) is amended — (1) by adding redesignating at section the 112 end as section 110A and moving such section so as to appear after section 110; and (2) by inserting before section 111 the following:

[Inserted into the law:

113 110B . Judicial review. (a) Standard Role of review the court . Notwithstanding In 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 shall agency afford abused its substantial discretion deference in to complying with the procedural requirements of this Act agency ; 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 included a in proposed the final agency action or included in the environmental document . ( c b ) Remand. (1) In general. If a court holds , under section 706(2)(A) of title 5, United States Code, that a final agency action does not comply with the procedural requirements of this Act, the only remedy the court may only order, notwithstanding chapter 7 of title 5, United States Code, is to remand , without vacatur or injunction, the final agency action to the agency with— (A) specific instruction to correct the errors or deficiencies in found compliance by the court ; and (B) a reasonable schedule and deadline to correct such errors or deficiencies , which such deadline may not exceed—

… 2 unchanged passages …

(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 found by the court. ( d c ) Limitations on claims. (1) In general. Notwithstanding chapter any 7 other provision of title law 5, (except United as States provided Code, in subparagraph (A) with respect to a shorter deadline), 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 deadline 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; (C) such claim is filed by a party that has suffered or imminently will suffer direct harm from the final agency action; and ( C D ) such claim does not challenge the establishment of a categorical exclusion.

… 1 unchanged passage …

( e 3 ) Actions for use of tribal trust resources. For any final agency action that authorizes or affects the use of lands, minerals, or other resources already held in trust at the time of the final agency action by the United States for the benefit of a federally recognized Indian Tribe— (A) except as provided in subparagraph (B), there shall be no administrative or judicial review of such final agency action based on a claim of failure to comply with the requirements of this Act; and (B) subparagraph (A) shall not apply to actions for administrative or judicial review— (i) brought by the federally recognized Indian Tribe for which the United States holds the lands, minerals, or other resources in trust; or (ii) that involve reasonably foreseeable effects of the final agency action that occur outside the lands, minerals, or other resources held in trust by the United States for the benefit of a federally recognized Indian Tribe. (d) Deadline for resolution.

… 2 unchanged passages …

(B) unless a shorter timeline deadline 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 60 days from after the filing of the claim. (2) Accelerated deadlines. Nothing in this subsection may be construed to prevent a court form from 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. In the case of a final agency action remanded under subsection (b), the agency and, if applicable, the applicant, shall have the right to appeal during the pendency of the remand.

… 3 unchanged passages …

( f e ) 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).

]

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.

Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) is amended—

(1) by redesignating section 112 as section 110A and moving such section so as to appear after section 110; and

(2) by inserting before section 111 the following:

Text this section adds to the law

110B. Judicial review

(a) Role of the court. In reviewing a claim of whether a final agency action complies with the requirements of this Act, a court—

(1) shall afford substantial deference to the agency; and

(2) may not substitute its judgment for that of the agency regarding the environmental effects included in the final agency action or included in the environmental document.

(b) Remand

(1) In general. If a court holds, under section 706(2)(A) of title 5, United States Code, that a final agency action does not comply with the requirements of this Act, the only remedy the court may order, notwithstanding chapter 7 of title 5, United States Code, is to remand, without vacatur or injunction, the final agency action to the agency with—

(A) specific instruction to correct the errors or deficiencies found by the court; and

(B) a reasonable schedule and deadline to correct such errors or deficiencies, 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 found by the court.

(c) Limitations on claims

(1) In general. Notwithstanding any other provision of law (except as provided in subparagraph (A) with respect to a shorter deadline), 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 deadline is specified under 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

(ii) concerns the same subject matter raised in the comment submitted during the public comment period;

(C) such claim is filed by a party that has suffered or imminently will suffer direct harm from the final agency action; and

(D) 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.

(3) Actions for use of tribal trust resources. For any final agency action that authorizes or affects the use of lands, minerals, or other resources already held in trust at the time of the final agency action by the United States for the benefit of a federally recognized Indian Tribe—

(A) except as provided in subparagraph (B), there shall be no administrative or judicial review of such final agency action based on a claim of failure to comply with the requirements of this Act; and

(B) subparagraph (A) shall not apply to actions for administrative or judicial review—

(i) brought by the federally recognized Indian Tribe for which the United States holds the lands, minerals, or other resources in trust; or

(ii) that involve reasonably foreseeable effects of the final agency action that occur outside the lands, minerals, or other resources held in trust by the United States for the benefit of a federally recognized Indian Tribe.

(d) 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 deadline 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 60 days after the filing of the claim.

(2) Accelerated deadlines. Nothing in this subsection may be construed to prevent a court from 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. In the case of a final agency action remanded under subsection (b), the agency and, if applicable, the applicant, shall have the right to appeal during the pendency of the remand.

(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.

(e) No effect on review of compliance with other deadlines. This section shall not affect the right to obtain review under section 107(g)(3).