H.R. 4776

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

<DOC>

119th CONGRESS
1st Session
H. R. 4776

_______________________________________________________________________

AN ACT

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 ``(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,''.

SEC. 3. JUDICIAL REVIEW.

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:

``SEC. 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).''.

SEC. 4. PRESERVATION OF ONGOING ADMINISTRATIVE CORRECTIONS.

This Act, and the amendments made by this Act, shall not apply to 
any agency action with respect to which a Federal agency has, during 
the period beginning on January 20, 2025, and ending on the date of 
enactment of this Act--
(1) filed a motion to voluntarily remand; or
(2) otherwise reopened, reconsidered, or initiated 
corrective action under the statutory authority of the Federal 
agency, regardless of whether the Federal agency has completed 
such corrective action as of the date of enactment of this Act.

Passed the House of Representatives December 18, 2025.

Attest:

Clerk.
119th CONGRESS

1st Session

H. R. 4776

_______________________________________________________________________

AN ACT

To amend the National Environmental Policy Act of 1969 to clarify 
ambiguous provisions and facilitate a more efficient, effective, and 
timely environmental review process.