S. 4475

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4475 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
2d Session
S. 4475

To improve Federal permitting, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

April 30, 2026

Mr. McCormick introduced the following bill; which was read twice and 
referred to the Committee on Environment and Public Works

_______________________________________________________________________

A BILL

To improve Federal permitting, 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 ``Unlock American Energy and Jobs Act 
of 2026''.

SEC. 2. ENERGY INFRASTRUCTURE UNDER THE FEDERAL WATER POLLUTION CONTROL 
ACT.

(a) State Certification Programs.--Section 401 of the Federal Water 
Pollution Control Act (33 U.S.C. 1341) is amended--
(1) by striking the heading and section designation and all 
that follows through ``may be.'' at the end of subsection 
(a)(1) and inserting the following:

``SEC. 401. CERTIFICATION.

``(a) State Certifications.--
``(1) Certification required.--
``(A) Definitions.--In this paragraph:
``(i) Certification application.--The term 
`certification application' means a request 
from an applicant for a certification described 
in subparagraph (B).
``(ii) Certifying authority.--The term 
`certifying authority', with respect to a 
certification described in subparagraph (B), 
means the applicable entity described in 
subclause (I), (II), or (III) of subparagraph 
(B)(i).
``(iii) Discharge.--The term `discharge', 
without any qualification, means the discharge 
of a pollutant from a point source.
``(B) Compliance with limitations.--
``(i) In general.--Any applicant for a 
Federal license or permit to conduct an 
activity, including the construction or 
operation of facilities, that may result in a 
discharge from a point source into the waters 
of the United States shall provide the Federal 
licensing or permitting agency a certification 
that the discharge will comply with applicable 
water quality requirements from--
``(I) the State in which the 
discharge originates or will originate;
``(II) if appropriate, the 
interstate water pollution control 
agency with jurisdiction over the 
waters of the United States at the 
point where the discharge originates or 
will originate; or
``(III) if no State or interstate 
water pollution control agency has the 
authority to give such a certification, 
the Administrator.
``(ii) Certification of no limitation and 
standard.--
``(I) In general.--In the case of 
any activity described in clause (i) 
for which there is not an applicable 
effluent limitation or other limitation 
under sections 301(b) and 302 and for 
which there is not an applicable 
standard under sections 306 and 307, 
the certifying authority shall so 
certify.
``(II) Effect.--A certification 
under subclause (I) does not satisfy 
section 511(c).
``(iii) Certification required.--
``(I) Construction prohibited until 
certification.--Construction for which 
a certification is required under this 
subparagraph may not begin until the 
certification has been obtained, unless 
the requirement for the certification 
has been waived in accordance with this 
paragraph.
``(II) Effect of denial.--If a 
certifying authority denies a 
certification application, the Federal 
license or permit for which the 
certification application was made may 
not be granted.
``(iv) Scope of certification.--In 
determining whether to issue a certification 
under this subparagraph and in determining what 
conditions to impose on a certification under 
this subparagraph, a certifying authority may 
only consider whether the point source 
discharge for which the certification 
application was made complies with applicable 
water quality requirements.
``(C) Required procedures.--
``(i) Notice and hearings.--Each certifying 
authority shall establish procedures for--
``(I) public notice in the case of 
all certification applications;
``(II) to the extent the certifying 
authority determines to be appropriate, 
public hearings in connection with 
specific certification applications; 
and
``(III) a prefiling meeting as 
described in clause (ii).
``(ii) Prefiling meeting.--
``(I) Request.--Before submitting a 
certification application, the 
prospective applicant may request a 
prefiling meeting with the certifying 
authority--
``(aa) to ensure that the 
certifying authority receives 
early notification of projects 
for which a certification under 
subparagraph (B) is necessary; 
and
``(bb) to discuss 
informational needs with the 
certifying authority before 
submitting the application.
``(II) Response required.--If a 
prospective applicant requests a 
prefiling meeting with a certifying 
authority pursuant to subclause (I), 
the certifying authority shall--
``(aa) respond to the 
request not later than 30 days 
after the date on which the 
request is received; and
``(bb) hold the prefiling 
meeting with the prospective 
applicant by not later than 60 
days after the date on which 
the request is received.
``(iii) Denials of certification; 
conditions on certification.--
``(I) Denial requirement.--A 
certifying authority may only deny a 
certification application if the 
certifying authority determines, based 
on clear and convincing evidence, that 
there is no modification to or 
reasonable condition on the activities 
of the applicant that could make it 
possible for the activity to avoid 
violating the applicable water quality 
requirements.
``(II) Requirements for 
conditions.--A certifying authority may 
include a condition in a certification 
under this subparagraph that requires 
an applicant to modify the activity of 
the applicant only if the certifying 
authority determines, based on clear 
and convincing evidence, that the 
modification is--
``(aa) necessary for the 
activity to avoid violating the 
applicable water quality 
requirements;
``(bb) the least burdensome 
of possible modifications for 
the applicant, taking into 
account--

``(AA) technical 
feasibility;

``(BB) cost;

``(CC) the purpose 
of the applicant in 
proposing the activity;

``(DD) impacts on 
the schedule for the 
activity; and

``(EE) commercial 
viability of the 
activity; and

``(cc) consistent with the 
requirements of the Federal 
license or permit that is the 
subject of the certification.
``(III) Individual licenses and 
permits.--If a certifying authority 
denies a certification application for 
an individual license or permit, the 
certifying authority shall provide to 
the applicable Federal licensing or 
permitting agency--
``(aa) the specific 
applicable water quality 
requirements with which the 
discharge will not comply;
``(bb) a statement 
explaining why the discharge 
will not comply with the 
identified applicable water 
quality requirements; and
``(cc) if the denial is due 
to insufficient information, a 
description of the specific 
water quality data or 
information, if any, that would 
be needed to ensure that the 
discharge from the proposed 
project will comply with 
applicable water quality 
requirements.
``(IV) General licenses or 
permits.--If a certifying authority 
denies a certification application for 
a general license or permit, the 
certifying authority shall provide to 
the applicable Federal licensing or 
permitting agency--
``(aa) the specific 
applicable water quality 
requirements with which 
discharges that could be 
authorized by the general 
license or permit will not 
comply;
``(bb) a statement 
explaining why discharges that 
could be authorized by the 
general license or permit will 
not comply with the identified 
applicable water quality 
requirements; and
``(cc) if the denial is due 
to insufficient information, a 
description of the specific 
water quality data or 
information, if any, that would 
be needed to ensure that the 
range of discharges that could 
be authorized by the general 
license or permit from 
potential projects will comply 
with applicable water quality 
requirements.
``(iv) Review.--
``(I) In general.--Not later than 
60 days after the date on which a 
Federal licensing or permitting agency 
receives a notice described in clause 
(iii) or a certification under 
subparagraph (B) that includes 
conditions to that certification, the 
Federal licensing or permitting agency 
shall complete a review of the process 
undertaken by the certifying authority 
in reviewing the applicable 
certification application to determine 
whether the certifying authority 
established a reasonable period of time 
within which to review that 
certification application in accordance 
with subparagraph (D)(ii).
``(II) Denials.--If, after carrying 
out a review under subclause (I) of the 
process undertaken by a certifying 
authority with respect to a denial of a 
certification application, a Federal 
licensing or permitting agency 
determines that the certifying 
authority did not, in determining the 
reasonable period of time within which 
to review the certification 
application, consider all of the 
factors described in subclause (I), 
(II), or (III) of subparagraph (D)(ii), 
the Federal licensing or permitting 
agency shall--
``(aa) deem the certifying 
authority to have failed to act 
on the certification 
application; and
``(bb) pursuant to 
subparagraph (D)(iii), consider 
the requirement for a 
certification under 
subparagraph (B) waived.
``(III) Conditions.--If, after 
carrying out a review under subclause 
(I) of the process undertaken by a 
certifying authority with respect to 
including conditions to a certification 
under subparagraph (B), a Federal 
licensing or permitting agency 
determines that the certifying 
authority did not, in determining the 
reasonable period of time within which 
to review the applicable certification 
application, consider all of the 
factors described in subclauses (I), 
(II), and (III) of subparagraph 
(D)(ii), the Federal licensing or 
permitting agency shall consider the 
certification conditions void.
``(D) Review period.--
``(i) In general.--A certifying authority 
shall, subject to this subparagraph, issue to 
the applicable Federal licensing or permitting 
authority a final action on a certification 
application within a reasonable period of time, 
which--
``(I) shall be determined by the 
certifying authority by not later than 
60 days after the date on which the 
certification application is received 
by the certifying authority; but
``(II)(aa) shall begin on the date 
on which the certification application 
is received by the certifying 
authority; and
``(bb) shall not exceed 1 year from 
the date on which the certifying 
authority receives the certification 
application.
``(ii) Determination of reasonable 
period.--In determining the reasonable period 
of time under clause (i)(I), a certifying 
authority shall consider--
``(I) the complexity of the project 
described in the certification 
application;
``(II) the nature of any potential 
discharge from that project; and
``(III) the potential need for 
additional study or evaluation of water 
quality effects from the discharge.
``(iii) Failure to act within period.--If a 
certifying authority fails or refuses to issue 
a final action on a certification application 
by the end of the reasonable period of time 
established under this subparagraph, the 
requirement for a certification under 
subparagraph (B) shall be waived.
``(iv) No pausing or tolling.--The 
reasonable period of time established for a 
certification application under this 
subparagraph may not be paused or tolled for 
any reason.
``(E) Final action.--
``(i) In general.--After completion of the 
reasonable period of time established under 
subparagraph (D) and any review that may be 
required under subparagraph (C)(iv) for a 
certification application, the certifying 
authority or Federal licensing or permitting 
authority, as applicable, shall apply only 1 of 
the following final actions to the 
certification application:
``(I) The certification application 
is granted.
``(II) The certification 
application is granted with conditions.
``(III) The certification 
application is denied.
``(IV) The certification 
requirements under subparagraph (B) 
have been waived in accordance with 
this paragraph with respect to the 
activity for which the certification 
application was submitted.
``(ii) No other final actions.--No other 
final action may apply to a certification 
application except as described in clause (i).
``(F) Enforcement of conditions.--The Federal 
licensing or permitting authority to which a 
certification under this subsection was issued shall be 
responsible for enforcing any conditions included with 
that certification.'';
(2) in subsection (a) (as so amended)--
(A) in paragraph (2), by striking ``(2) Upon 
receipt'' and inserting the following:
``(2) Notice to administrator; effect on other states.--On 
receipt'';
(B) in paragraph (3), by striking ``(3) The 
certification'' and inserting the following:
``(3) Fulfillment of requirements.--The certification'';
(C) in paragraph (4), by striking ``(4) Prior to'' 
and inserting the following:
``(4) Review for compliance.--Prior to'';
(D) in paragraph (5), by striking ``(5) Any 
Federal'' and inserting the following:
``(5) Suspension and revocation.--Any Federal''; and
(E) in paragraph (6), by striking ``(6) Except 
with'' and inserting the following:
``(6) Applicability to certain facilities.--Except with'';
(3) in subsection (b), by striking ``(b) Nothing'' and 
inserting the following:
``(b) Compliance With Other Provisions of Law Setting Applicable 
Water Quality Requirements.--Nothing'';
(4) in subsection (c), by striking ``(c) In order'' and 
inserting the following:
``(c) Authority of Secretary of the Army To Permit Use of Spoil 
Disposal Areas by Federal Licensees or Permittees.--In order'';
(5) by striking subsection (d) and inserting the following:
``(d) Limitations and Monitoring Requirements of Certification.--
Any certification provided under this section shall set forth any 
effluent limitations and other limitations and monitoring requirements 
necessary to ensure that any discharge into navigable waters will 
comply with applicable water quality requirements and shall become a 
condition on any Federal license or permit subject to the provisions of 
this section.''; and
(6) by adding at the end the following:
``(e) Judicial Review.--
``(1) Energy projects.--
``(A) Definition of affected certification 
action.--In this paragraph, the term `affected 
certification action' means a civil action for the 
judicial review of a certification under subsection 
(a)(1) for a Federal license or permit--
``(i) for the construction or operation of 
a facility for--
``(I) the transmission of electric 
energy or energy fuels in interstate or 
foreign commerce; or
``(II) the transportation of carbon 
dioxide (including pipelines or 
associated infrastructure) in 
interstate or foreign commerce; or
``(ii) from the Federal Energy Regulatory 
Commission.
``(B) Jurisdiction.--
``(i) In general.--Notwithstanding section 
19(d)(1) of the Natural Gas Act (15 U.S.C. 
717r(d)(1)), an affected certification action 
shall be filed in a court of appeals of the 
United States--
``(I) for the circuit in which the 
applicant for certification under 
subsection (a) is located or has its 
place of business;
``(II) for the circuit for the 
State for which the affected 
certification action applies; or
``(III) for the District of 
Columbia Circuit.
``(ii) Original and exclusive 
jurisdiction.--The court of appeals in which an 
affected certification action is filed pursuant 
to clause (i) shall have original and exclusive 
jurisdiction over the affected certification 
action.
``(iii) Standing and filing deadline.--
Notwithstanding any other provision of law, no 
court shall have jurisdiction over an affected 
certification action unless the affected 
certification action has been filed not later 
than 30 days after the date on which final 
action was taken on the certification under 
subsection (a) for which review was sought by--
``(I) the applicant for the 
underlying Federal license or permit; 
or
``(II) a person who has suffered, 
or likely and imminently will suffer, 
direct and irreparable economic harm 
from the authorization, certification 
under subsection (a), Federal license 
or permit for which a certification 
under subsection (a) was sought, or 
activity for which that certification 
was sought.
``(C) Expedited consideration.--
``(i) In general.--With respect to an 
affected certification action, a court shall--
``(I) set any petition for review 
for expedited consideration; and
``(II) subject to clause (ii), 
issue a final decision not later than 
120 days after the date on which the 
affected certification action was 
filed.
``(ii) Extension.--A court may extend the 
120-day period under clause (i)(II) by not more 
than 60 days if the court determines that 
extraordinary circumstances exist that warrant 
the extended period.
``(iii) Failure to comply with deadline.--
With respect to an affected certification 
action seeking review of a certification under 
subsection (a)(1) the certification application 
(as defined in subsection (a)(1)) for which was 
granted, if a court fails to issue a final 
decision on the affected certification action 
by the end of the period described in clause 
(i)(II) and, if applicable, extended under 
clause (ii), the affected certification action 
shall be dismissed with prejudice.
``(2) Timeline for action.--If a Federal court remands a 
civil action for the judicial review of a certification under 
subsection (a)(1) for a Federal license or permit, the Federal 
court shall set and enforce a reasonable schedule and deadline, 
not to exceed 180 days from the date on which the Federal court 
remands the certification, for the certifying agency to act on 
the remand.
``(f) Definition of Applicable Water Quality Requirements.--In this 
section, the term `applicable water quality requirements' means the 
applicable provisions of sections 301, 302, 303, 306, and 307.''.
(b) Permits for Dredged or Fill Material.--
(1) In general.--Section 404 of the Federal Water Pollution 
Control Act (33 U.S.C. 1344) is amended--
(A) by striking the heading and section designation 
and all that follows through ``(a) The Secretary'' and 
inserting the following:

``SEC. 404. PERMITS FOR DREDGED OR FILL MATERIAL.

``(a) Discharge Into Navigable Waters at Specified Disposal 
Sites.--
``(1) In general.--The Secretary'';
(B) in subsection (a)(1) (as so designated), in the 
second sentence--
(i) by striking ``this subsection'' each 
place it appears and inserting ``paragraph 
(1)''; and
(ii) by striking ``Not later than the 
fifteenth day'' and inserting the following:
``(2) Notice.--Not later than the 15th day'';
(C) in subsection (c)--
(i) in the third sentence--
(I) by striking ``his finding and 
his reasons'' and inserting ``the 
findings and reasons of the 
Administrator''; and
(II) by striking ``The 
Administrator'' and inserting the 
following:
``(4) Findings and reasoning.--The Administrator'';
(ii) in the second sentence, by striking 
``Before making such determination'' and 
inserting the following:
``(3) Consultation.--Before making a determination under 
paragraph (1)'';
(iii) by striking ``(c) The Administrator'' 
and inserting the following:
``(c) Prohibition of Specification of Areas as Disposal Sites.--
``(1) In general.--Subject to paragraph (2), the 
Administrator''; and
(iv) by inserting after paragraph (1) (as 
so designated) the following:
``(2) Limitation.--The Administrator may not prohibit the 
specification of a defined area as a disposal site, or 
otherwise deny or restrict the use of a defined area as a 
disposal site after a permit under this section for the area 
has been issued by the Secretary.'';
(D) in subsection (e)--
(i) in paragraph (1), in the second 
sentence--
(I) by striking ``subsection (b)(1) 
of this section, and (B) set forth'' 
and inserting the following: 
``subsection (b)(1); and
``(ii) set forth'';
(II) by striking ``shall (A) be 
based'' and inserting the following: 
``shall--
``(i) be based''; and
(III) by striking ``Any general'' 
and inserting the following:
``(B) Requirements for issuance.--Any general'';
(ii) by striking ``(e)(1) In carrying'' and 
inserting the following:
``(e) General Permits on State, Regional, or Nationwide Basis.--
``(1) Permits authorized.--
``(A) In general.--In carrying'';
(iii) in paragraph (2)--
(I) by striking ``(2) No general'' 
and inserting the following:
``(2) Term.--No general''; and
(II) by striking ``five years'' and 
inserting ``10 years''; and
(iv) by adding at the end the following:
``(3) Considerations.--In determining the environmental 
effects of an activity under paragraph (1) or (2), the 
Secretary--
``(A) shall consider only the effects of any 
discharge of dredged or fill material resulting from 
the activity;
``(B) shall consider any effects of a discharge of 
dredged or fill material into fewer than 3 acres of 
navigable waters to be a minimal adverse environmental 
effect; and
``(C) may consider any effects of a discharge of 
dredged or fill material into 3 acres or more of 
navigable waters to be a minimal adverse environmental 
effect.
``(4) Single and complete projects.--
``(A) Definition of single and complete project.--
``(i) In general.--In this paragraph, the 
term `single and complete project', with 
respect to a project for which the Secretary is 
determining whether a general permit issued 
under this subsection applies, means that 
portion of the total project proposed or 
accomplished by--
``(I) a single owner or developer;
``(II) a partnership of 1 or more 
owners or developers; or
``(III) an association of owners or 
developers.
``(ii) Linear projects.--
``(I) Definition.--In this clause, 
the term `linear project' means a 
project constructed for the purpose of 
getting people, goods, energy, or 
services from a point of origin to a 
terminal point, which may involve 
multiple crossings of 1 or more waters 
of the United States at separate and 
distant locations.
``(II) General rule.--For purposes 
of this paragraph, with respect to 
projects described in clause (i) that 
are linear projects--
``(aa) the crossings of 
separate waters of the United 
States at a specific location 
shall be considered 1 single 
and complete project; but
``(bb) each crossing of a 
single water of the United 
States shall be considered a 
separate single and complete 
project if those crossings are 
at separate and distant 
locations.
``(III) Additional exclusions.--For 
purposes of subclause (II), individual 
channels in a braided stream or river, 
individual arms of a large, 
irregularly-shaped wetland or lake, and 
other, similar bodies of water shall 
not be considered to be separate waters 
of the United States.
``(B) Requirement.--In determining whether a 
general permit issued under this subsection applies to 
an activity, the Secretary shall consider the estimated 
total of all losses of waters of the United States 
expected to result from the single and complete 
project.
``(C) Use of multiple permits.--The Secretary may 
combine 2 or more general permits issued under this 
subsection to authorize a single and complete project, 
but the same general permit issued under this 
subsection may not be used more than once for a single 
and complete project.
``(5) Reissuance of nationwide permits.--In determining 
whether to reissue a general permit issued under this 
subsection on a nationwide basis--
``(A) no consultation with an applicable State 
pursuant to section 6(a) of the Endangered Species Act 
of 1973 (16 U.S.C. 1535(a)) is required;
``(B) no consultation with a Federal agency 
pursuant to section 7(a)(2) of that Act (16 U.S.C. 
1536(a)(2)) is required; and
``(C) for purposes of carrying out the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) with respect to that reissuance, conducting an 
environmental assessment on a nationwide basis is 
sufficient for purposes of compliance with that Act.
``(6) Nationwide permit for oil and natural gas 
pipelines.--Notwithstanding any other provision of this 
section, the Secretary shall maintain a nationwide permit for 
the activities required for the construction, maintenance, 
repair, operation, and removal of oil and natural gas pipelines 
and associated facilities that result in the loss of, with 
respect to waters of the United States, an area of fewer than 3 
acres for each single and complete project (as defined in 
paragraph (4)(A)), which shall be known as `nationwide permit 
12'.'';
(E) in subsection (h)--
(i) in paragraph (1), by adding at the end 
the following:
``(I) To issue permits not later than the date that is 1 
year after the date on which the State receives an application 
for the permit, which may not be paused or tolled for any 
reason.
``(J) To ensure that, if the State does not issue a final 
action with respect to an application for a permit within the 
1-year period described in subparagraph (I), the application is 
considered to be approved.
``(K) To carry out a programmatic review of the program 
annually to ensure that the program does not exceed the 
authority granted to the State under this section.''; and
(ii) by adding at the end the following:
``(6) Action Required.--
``(A) In general.--A State with a permit program approved 
under this subsection shall issue a final action with respect 
to an application for a permit described in subsection (g)(1) 
not later than 1 year after the date of receipt of the 
application.
``(B) Failure to act.--An application for a permit 
described in subsection (g)(1) submitted to a State with a 
permit program approved under this subsection shall be 
considered to be approved if the State fails to issue a final 
action with respect to the application by the end of the 1-year 
period described in subparagraph (A).
``(C) No pausing or tolling.--The 1-year period described 
in subparagraph (A) may not be paused or tolled for any 
reason.'';
(F) in subsection (s)(3), in the third sentence, by 
striking ``acton'' and inserting ``action'';
(G) in subsection (t), by striking ``(t) Nothing'' 
and inserting the following:
``(u) Savings Provision.--Nothing''; and
(H) by inserting after subsection (s) the 
following:
``(t) Judicial Review.--
``(1) Statute of limitations.--
``(A) In general.--Notwithstanding any other 
provision of law, an action seeking judicial review of 
an individual or general permit issued under this 
section shall be filed not later than the date that is 
60 days after the date on which the permit was issued.
``(B) Savings provision.--Nothing in subparagraph 
(A) authorizes an action seeking judicial review of the 
structure of or authorization for a State permit 
program approved pursuant to this section.
``(2) Timeline to act on remand.--If a Federal court 
remands a permit under this section, the Federal court shall 
set and enforce a reasonable schedule and deadline, which may 
not exceed 180 days from the date on which the Federal court 
remands the permit, for the issuer of the permit to act on that 
remand.''.
(2) Ratification of current permits.--Notwithstanding any 
other provision of law, each category of activities authorized 
by a general permit issued under section 404(e) of the Federal 
Water Pollution Control Act (33 U.S.C. 1344(e)) (including 
nationwide permit 12) or under section 10 of the Act of March 
3, 1899 (33 U.S.C. 403), that is in effect on the date of 
enactment of this Act shall, consistent with subparagraph (A) 
of section 404(e)(1) of the Federal Water Pollution Control Act 
(33 U.S.C. 1344(e)(1)), be considered to cause--
(A) not more than minimal adverse environmental 
effects when actions authorized under those permits are 
carried out separately; and
(B) not more than minimal cumulative adverse 
effects on the environment.
(3) Savings provision.--Nothing in this subsection or the 
amendments made by this subsection requires a State (including 
an Indian tribe that is treated as a State pursuant to section 
518(e) of the Federal Water Pollution Control Act (33 U.S.C. 
1377(e))) for which the Administrator of the Environmental 
Protection Agency has approved a permit program pursuant to 
subsections (g) and (h) of section 404 of the Federal Water 
Pollution Control Act (33 U.S.C. 1344) to seek reapproval of 
the permit program in accordance with those subsections.

SEC. 3. LNG TERMINALS.

Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended--
(1) in subsection (e)(3)--
(A) in subparagraph (A), by striking ``find'' and 
inserting ``finds'';
(B) in subparagraph (B), in the matter preceding 
clause (i), by striking ``Before January 1, 2015, the'' 
and inserting ``The''; and
(C) by striking subparagraph (C); and
(2) by adding at the end the following:
``(g) Public Interest Finding.--In carrying out a finding of public 
interest under subsection (a), the Commission may not consider any 
environmental factors pursuant to the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.).''.

SEC. 4. NUCLEAR ENERGY LICENSING.

(a) Extension of License Terms for Commercial Reactors.--Section 
103 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c)) is 
amended--
(1) by striking ``c. Each such license'' and inserting the 
following:
``c.(1) Except as provided in paragraph (2), each such license''; 
and
(2) by adding at the end the following:
``(2) In the case of a license issued under this section for a 
utilization facility for the generation of electrical or thermal 
energy, the period of the license shall not exceed 60 years from the 
authorization to commence operations, and may be renewed on expiration 
of that period.''.
(b) Early Site Permits.--Not later than 1 year after the date of 
enactment of this Act, the Nuclear Regulatory Commission shall finalize 
a rulemaking amending section 52.26 of title 10, Code of Federal 
Regulations, to provide that--
(1) an early site permit issued after the date of enactment 
of this Act does not expire;
(2) an early site permit issued before the date of 
enactment of this Act shall, without further review or approval 
by the Nuclear Regulatory Commission, remain in effect 
indefinitely on the request of the permit holder or any other 
entity that references the early site permit in an application 
for a construction permit or combined license; and
(3) an early site permit, regardless of when the permit is 
issued, may be revoked only on a finding by the Nuclear 
Regulatory Commission, supported by clear and convincing 
evidence, that--
(A) significant new information has arisen since 
the issuance of the early site permit with respect to 
the radiological, seismic, meteorological, hydrologic, 
geologic, or demographic characteristics of the site 
that was not considered during the original permitting 
proceeding and that renders the site unsuitable for the 
construction and operation of a nuclear power facility; 
or
(B) revocation is necessary to ensure adequate 
protection of public health and safety or the common 
defense and security.
(c) Categorical Exclusion.--The construction and operation of a new 
nuclear reactor at a site for which the Nuclear Regulatory Commission 
has previously issued, or is currently reviewing an application for, a 
construction permit, operating license, or combined license under the 
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) shall be 
categorically excluded from the requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 5. JUDICIAL REVIEW UNDER NEPA.

Title I of the National Environmental Policy Act of 1969 is 
amended--
(1) by redesignating section 112 (42 U.S.C. 4336f) as 
section 110A, and moving the section so as to appear after 
section 110; and
(2) by inserting after section 110A (as so redesignated) 
the following:

``SEC. 110B. JUDICIAL REVIEW.

``(a) 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 
that title, is to remand, without vacatur or injunction, the 
final agency action to the Federal 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 may not exceed--
``(i) with respect to an order entered 
before the date of enactment of this section, 
the date that is 180 days after that date of 
enactment; and
``(ii) with respect 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.
``(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.
``(b) Limitations on Claims.--
``(1) In general.--Notwithstanding any other provision of 
law, a claim relating to whether a final agency action complies 
with the requirements of this Act shall be barred unless--
``(A) the claim is filed not later than 150 days 
after the final agency action is made public, unless a 
shorter 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, the claim--
``(i) is filed by a party that submitted a 
substantive and unique comment during that 
public comment period by the noticed comment 
deadline for the environmental document and the 
comment was sufficiently detailed to put the 
applicable Federal agency on notice of the 
issue on which the party seeks review; and
``(ii) concerns the same subject matter 
raised in the comment submitted during the 
public comment period;
``(C) the claim is filed by a party that has 
suffered or imminently will suffer direct harm from the 
final agency action; and
``(D) the claim does not challenge the 
establishment of a categorical exclusion.
``(2) Supplemental environmental documents.--
``(A) In general.--If a Federal 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 Federal agency makes public the 
agency action for which the supplemental environmental 
document is prepared.
``(B) Limitation.--A claim for review of a final 
agency action described in subparagraph (A) 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.--
``(A) In general.--Except as provided in 
subparagraph (B), for any final agency action that 
authorizes or affects the use of land, minerals, or 
other resources held in trust at the time of the final 
agency action by the United States for the benefit of a 
federally recognized Indian Tribe, there shall be no 
administrative or judicial review of the final agency 
action based on a claim of failure to comply with the 
requirements of this Act.
``(B) Exception.--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 land, minerals, or other resources in 
trust; or
``(ii) that involve reasonably foreseeable 
effects of the final agency action that occur 
outside the land, minerals, or other resources 
held in trust by the United States for the 
benefit of a federally recognized Indian Tribe.
``(c) Deadline for Resolution.--
``(1) In general.--A court shall issue a final judgment on 
a claim relating to whether a final agency action complies with 
the requirements of this Act--
``(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 
be not more than 60 days after the filing of the claim.
``(2) Accelerated deadlines.--Nothing in this subsection 
prevents a court from further expediting review of a claim 
relating to whether a final agency action complies with the 
requirements of this Act.
``(3) Appeals.--
``(A) Filing.--
``(i) In general.--A notice of appeal of a 
final judgment described in this subsection 
shall be filed not later than 60 days after the 
final judgment is issued.
``(ii) Remanded actions.--In the case of a 
final agency action remanded under subsection 
(a)(1), the Federal 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 notice of the 
appeal is filed.
``(d) No Effect on Review of Compliance With Other Deadlines.--
Nothing in this section affects the right to obtain review under 
section 107(g)(3).''.
<all>