The House Natural Resources Committee on Sept. 10 held a hearing to discuss three bills related to reforming procedures under the National Environmental Policy Act (NEPA).
The three bills discussed at the hearing are:
H.R. 573, Studying NEPA’s Impact on Projects Act
Sponsored by Rep. Rudy Yakym (R-IN), this legislation would require the Council on Environmental Quality (CEQ) to generate an annual report that includes information about NEPA litigation, the length and costs related to the preparation of environmental review documents, and the overall time it takes to complete the NEPA process.
H.R. 4503, ePermit Act
Sponsored by Representative Dusty Johnson (R-SD), this legislation would require CEQ to lead efforts with other relevant agencies to develop, publish, and periodically update data standards to assist with the environmental review process.
It would direct relevant permitting agencies to develop digital tools, including case management systems, submission tracking for applicants, automated application reviews for environmental review documents and authorizations, to allow data exchanges between federal agencies, and accelerate complex environmental reviews. CEQ would be required to publish guidance and standards for implementing the new requirements, and the legislation would authorize $1 million annually from fiscal year (FY) 26 through FY32.
H.R. 4776, Standardizing Permitting and Expediting Economic Development (SPEED) Act
Sponsored by Representatives Bruce Westerman (R-AR) and Jared Golden (D-ME), this legislation would add application timelines and public comment requirements to the NEPA process and limit the ability of litigants to challenge NEPA determinations based on public commenting participation requirements.
The legislation aims to provide applicants with certainty in the review process and would prevent the revocation of NEPA documents by agencies unless ordered to do so by a court. The legislation would also add authority for state and tribal governments to cooperatively prepare NEPA documents with federal agencies and extend the validity of all NEPA documents from five to ten years.
It defines judicial standards of review to narrow the scope of court authority and provide for expeditious review of remanded agency actions. If an agency action is remanded, it remains in effect for the period until corrections are made.
APPA noted that it supports efforts to reform the NEPA permitting process and has been in contact with th bill sponsors and committee staff to relay support for the proposals.
The panel heard from several Washington, DC, based policy professionals to discuss NEPA permitting and the need for reforming the process.
Republicans on the committee were unified in their support for the SPEED Act. Chairman Bruce Westerman (R-AR) said that permitting reform “is not just holding back our economy, it is a national security threat.”
Republican members focused their questioning on understanding the delays in the NEPA permitting process, duplicative permitting, and how adding guardrails to the litigation process will reduce these delays.
Many Democratic members indicated their willingness to working with Chairman Westerman to address issues they have with the bill.
The committee is expected to markup these bills in October.
