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Press Release

Westerman Statement on Biden Administration's NEPA Announcement

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House Committee on Natural Resources Chairman Bruce Westerman (R-Ark.) released the following statement on the White House Council on Environmental Quality's (CEQ) proposed National Environmental Policy Act (NEPA) rule: 

"As usual with this administration, we see them say one thing but do another. Today’s proposed rule is just another example of unchecked bureaucrats trying to force their radical agenda and burden Americans with red tape. While CEQ claims to focus on much-needed NEPA reforms, their actual proposed rule ignores the will of Congress expressed in the Fiscal Responsibility Act (FRA) in many instances and instead opens future projects up to new litigation and extended delays. Expanding the size and scope of government agencies and burdening critical projects with new regulations does not streamline the permitting process. We expect CEQ and other agencies to follow the intent of Congress and adhere to the clear deadlines, page limits and directives regarding environmental reviews in the FRA. Dishonest deals are part of the playbook of this administration, and you can be certain House Republicans won’t stand idly by while the CEQ prioritizes their political agenda instead of the struggling Americans who can hardly afford to keep their lights on."
 
 Background

The Fiscal Responsibility Act contained many of the key provisions from the Building U.S. Infrastructure through Limited Delays and Efficient Reviews (BUILDER) Act, introduced by U.S. Rep. Garret Graves (R-La.) and passed in the House of Representatives as a part of H.R. 1, the Lower Energy Costs Act, introduced by Majority Leader Steve Scalise (R-La.). 

The legislation codified many of the Trump-era regulations regarding the National Environmental Policy Act (NEPA), including:

Implementing the One Federal Decision framework for all projects that must undergo NEPA review, facilitating the designation of a lead agency to set a permitting schedule and utilization of a single document for environmental reviews involving multiple agencies.

Setting 150-page limits for environmental impact statements (300 pages if the project is of extraordinary complexity) and 75-page limits for environmental assessments. 

Setting time limits of one year for environmental assessments and two years for environmental impact statements and providing a right of action to project applicants if the agency does not adhere to these deadlines. 

Permitting project sponsors to assist agencies in conducting environmental reviews to help speed up the process. 

Allowing agencies to adopt categorical exclusions utilized by other agencies through a streamlined process.
Clarifying the definition of a "major federal action" under NEPA, including a list of actions that do not qualify as a "major federal action."

Directing the Council on Environmental Quality to conduct a study on modernizing the NEPA process by utilizing digital technologies to create an online portal to streamline communications and data sharing between agencies and project applicants.