SPEED Act

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

<DOC>

119th CONGRESS
  1st Session
                                H. R. 4776

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2025

  Mr. Westerman (for himself and Mr. Golden of Maine) introduced the
    following bill; which was referred to the Committee on Natural
                               Resources

_______________________________________________________________________

                                 A BILL

   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 the
        following:
    ``(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 proposed agency action is an action for which
        such agency's compliance with another statute's requirements
        serve a similar function as the requirements of 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 or Tribal
                environmental review statute; and
                    ``(B) the lead agency determines such review meets
                the requirements of 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 and
                        technical research after the receipt of an
                        application, as applicable, with respect to
                        such proposed agency action.''; and
            (4) by adding at the end the following:
    ``(c) Scope of Review.--In developing an environmental document for
a proposed agency action, a Federal agency--
            ``(1) may only consider 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.--A Federal agency may not rescind, withdraw,
amend, alter, or otherwise render ineffective any environmental
document completed under this Act unless the Federal agency has been so
ordered by a court.''.
    (c) Timely and Unified Federal Reviews.--Section 107 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4336a) is
amended--
            (1) in subsection (a)(3), by adding at the end ``Such
        comments shall be limited to matters relating to the proposed
        agency action with respect to which such cooperating agency has
        jurisdiction by law. If a lead agency determines an
        environmental document is not required to be prepared with
        respect to a proposed agency action under section 106(a),
        another agency may not prepare an environmental document with
        respect to such proposed agency action.'';
            (2) in subsection (b)--
                    (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 developing 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 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) Unnecessary 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 specified in subparagraph
                (A).'';
            (3) in subsection (d), by striking ``action.'' and
        inserting ``action. Where applicable, the statement of purpose
        and need shall meet the goals of the applicant.''; and
            (4) in subsection (g)--
                    (A) in paragraph (2), 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'';
                    (B) in paragraph (3)(A), by striking ``A project
                sponsor may'' and inserting ``Except as provided in
                subparagraph (C), a project sponsor may''; and
                    (C) by adding at the end the following:
                    ``(C) Exception.--A project sponsor that approved
                an extension of a deadline under paragraph (2) may not
                obtain 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.''.
    (d) Programmatic Environmental Documents.--Section 108 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4336b) is
amended--
            (1) in paragraph (1), by striking ``5'' and inserting
        ``10''; and
            (2) in paragraph (2), by striking ``5'' and inserting
        ``10''.
    (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 paragraph (1), by inserting ``, or Congress deems by
        statute,'' after ``Federal agency has determined'';
            (2) in paragraph (10)--
                    (A) in subparagraph (B)--
                            (i) in clause (iii)--
                                    (I) by inserting ``, grants'' 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 a permit or other
                        authorization by an agency where the proposal
                        under consideration is otherwise being
                        evaluated or was previously evaluated by the
                        lead 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
            (3) by adding at the end the following:
            ``(14) 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 by adding at the end the following:

``SEC. 113. JUDICIAL REVIEW.

    ``(a) Standard of Review.--Notwithstanding 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 agency abused its substantial discretion in
        complying with the procedural requirements of this Act; 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 a proposed agency action.
    ``(c) Remand.--
            ``(1) In general.--If a court holds that a final agency
        action does not comply with the procedural requirements of this
        Act, the court may only remand the final agency action to the
        agency with--
                    ``(A) specific instruction to correct the errors or
                deficiencies in compliance; and
                    ``(B) a reasonable schedule and deadline, 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 specified by the court.
    ``(d) Limitations on Claims.--
            ``(1) In general.--Notwithstanding chapter 7 of title 5,
        United States Code, 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 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; and
                    ``(C) 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.
    ``(e) 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 timeline 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 days from the filing of the claim.
            ``(2) Accelerated deadlines.--Nothing in this subsection
        may be construed to prevent a court form 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.
                    ``(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.
    ``(f) 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).''.
                                 <all>