REPAIR Act of 2025 Revising and Enhancing Project Authorizations Impacted by Review Act of 2025

II 119TH CONGRESS 1ST SESSION S. 1355 To prescribe judicial review requirements for certain projects, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 8, 2025 Mr. C ASSIDY (for himself, Mr. R ISCH, and Mr. C RAPO) introduced the fol- lowing bill; which was read twice and referred to the Committee on Envi- ronment and Public Works A BILL To prescribe judicial review requirements for certain projects, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Revising and Enhanc-4 ing Project Authorizations Impacted by Review Act of 5 2025’’ or the ‘‘REPAIR Act of 2025’’. 6 SEC. 2. DEFINITIONS. 7 In this Act: 8 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 1355 IS (1) A GENCY.—The term ‘‘agency’’ has the 1 meaning given the term in section 551 of title 5, 2 United States Code. 3 (2) A GENCY OF JURISDICTION .—The term 4 ‘‘agency of jurisdiction’’ means any agency that is 5 responsible for approving an authorization under au-6 thorizing legislation. 7 (3) A UTHORIZATION.—The term ‘‘authoriza-8 tion’’ means any license, permit, authorization, ap-9 proval, variance, consultation, finding, or other ad-10 ministrative decision (or any extension to or of any 11 license, permit, authorization, approval, variance, 12 consultation, finding, or other administrative deci-13 sion) that is required or authorized under Federal 14 law (including regulations) to design, plan, site, con-15 struct, reconstruct, commence operations of, modify, 16 or operate a project. 17 (4) A UTHORIZING LEGISLATION .—The term 18 ‘‘authorizing legislation’’ means any of— 19 (A) the Clean Air Act (42 U.S.C. 7401 et 20 seq.); 21 (B) the Federal Water Pollution Control 22 Act (33 U.S.C. 1251 et seq.); 23 (C) the Natural Gas Act (15 U.S.C. 717 et 24 seq.); 25 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 1355 IS (D) the Federal Power Act (16 U.S.C. 1 791a et seq.); 2 (E) division A of subtitle III of title 54, 3 United States Code (formerly known as the 4 ‘‘National Historic Preservation Act’’ (16 5 U.S.C. 470 et seq.)); 6 (F) the Endangered Species Act of 1973 7 (16 U.S.C. 1531 et seq.); 8 (G) the Migratory Bird Treaty Act (16 9 U.S.C. 703 et seq.); 10 (H) the Act of June 8, 1940 (16 U.S.C. 11 668 et seq.) (commonly known as the ‘‘Bald 12 and Golden Eagle Protection Act’’); 13 (I) the Marine Mammal Protection Act of 14 1972 (16 U.S.C. 1361 et seq.); 15 (J) the Coastal Zone Management Act of 16 1972 (16 U.S.C. 1451 et seq.); 17 (K) the Outer Continental Shelf Lands Act 18 (43 U.S.C. 1331 et seq.); 19 (L) the Mineral Leasing Act (30 U.S.C. 20 181 et seq.); 21 (M) the Safe Drinking Water Act (42 22 U.S.C. 300f et seq.), as it relates to any State 23 seeking to obtain primary enforcement author-24 ity for— 25 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 1355 IS (i) that Act pursuant to section 1413 1 of that Act (42 U.S.C. 300g–2); or 2 (ii) an underground injection control 3 program pursuant to section 1422 of that 4 Act (42 U.S.C. 300h–1); 5 (N) the Deepwater Port Act of 1974 (33 6 U.S.C. 1501 et seq.); 7 (O) the Atomic Energy Act of 1954 (42 8 U.S.C. 2011 et seq.); 9 (P) the Geothermal Steam Act of 1970 (30 10 U.S.C. 1001 et seq.); 11 (Q) the National Forest Management Act 12 of 1976 (Public Law 94–588; 90 Stat. 2949); 13 (R) the Forest and Rangeland Renewable 14 Resources Planning Act of 1974 (16 U.S.C. 15 1600 et seq.); 16 (S) the Federal Land Policy and Manage-17 ment Act of 1976 (43 U.S.C. 1701 et seq.); 18 (T) the Solid Waste Disposal Act (42 19 U.S.C. 6901 et seq.); 20 (U) the Comprehensive Environmental Re-21 sponse, Compensation, and Liability Act of 22 1980 (42 U.S.C. 9601 et seq.); 23 (V) chapter 2005 of title 54, United States 24 Code (formerly known as the ‘‘Urban Park and 25 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 1355 IS Recreation Recovery Act of 1978’’ (16 U.S.C. 1 2501 et seq.)); and 2 (W) any other Federal law requiring an 3 environmental review pursuant to the National 4 Environmental Policy Act of 1969 (42 U.S.C. 5 4321 et seq.). 6 (5) C OUNCIL.—The term ‘‘Council’’ means the 7 Federal Permitting Improvement Steering Council 8 established by section 41002(a) of the FAST Act 9 (42 U.S.C. 4370m–1(a)). 10 (6) D IRECT AND TANGIBLE HARM .—The term 11 ‘‘direct and tangible harm’’ means a harm with a 12 causal connection to a project that causes— 13 (A) physical illness or bodily injury; or 14 (B) uncompensated economic loss. 15 (7) E NVIRONMENTAL REVIEW .—The term ‘‘en-16 vironmental review’’ means an assessment of envi-17 ronmental impact, prepared pursuant to the Na-18 tional Environmental Policy Act of 1969 (42 U.S.C. 19 4321 et seq.), leading to the preparation of— 20 (A) an environmental assessment; 21 (B) a finding of no significant impact; 22 (C) an environmental impact statement; 23 (D) a record of decision; or 24 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 1355 IS (E) any other review prepared to fulfill the 1 requirements of that Act. 2 (8) P ROJECT.—The term ‘‘project’’ means an 3 activity required to receive an authorization under 4 authorizing legislation. 5 (9) P ROJECT SPONSOR .—The term ‘‘project 6 sponsor’’ means the agency or other entity, including 7 any private or public-private entity, that seeks ap-8 proval from the agency of jurisdiction for a project. 9 SEC. 3. JUDICIAL REVIEW. 10 (a) STATUTE OF LIMITATIONS.— 11 (1) DEFINITIONS.—In this subsection: 12 (A) INITIAL AUTHORIZATION .— 13 (i) I N GENERAL .—The term ‘‘initial 14 authorization’’ means an authorization 15 issued by an agency of jurisdiction for a 16 project following a request for the author-17 ization from a project sponsor. 18 (ii) E XCLUSION.—The term ‘‘initial 19 authorization’’ does not include any au-20 thorization issued by an agency of jurisdic-21 tion following an alteration made by a 22 project sponsor pursuant to a mediation 23 process described in subsection (d). 24 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •S 1355 IS (B) I NITIAL CLAIM .—The term ‘‘initial 1 claim’’ means a claim described in paragraph 2 (2)(A). 3 (2) C LAIMING RELATING TO INITIAL AUTHOR -4 IZATIONS.— 5 (A) I NITIAL CLAIMS .—Notwithstanding 6 any other provision of law, a claim seeking judi-7 cial review of any portion of the initial author-8 ization process carried out for a project pursu-9 ant to authorizing legislation or an initial au-10 thorization issued by an agency of jurisdiction 11 for a project shall be filed by the date that is 12 120 days after the date on which the final 13 agency action with respect to the project has 14 been taken, unless a shorter time is specified in 15 the Federal law pursuant to which judicial re-16 view is sought. 17 (B) SUBSEQUENT ACTION .— 18 (i) I N GENERAL .—Any additional ac-19 tion relating to an initial claim, including 20 an action seeking a preliminary injunction 21 based on the initial claim, shall be filed not 22 later than 120 days after the date on 23 which the initial claim was filed. 24 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •S 1355 IS (ii) FAILURE TO SUBMIT SUBSEQUENT 1 CLAIM.—An individual that fails to submit 2 an additional action described in clause (i) 3 relating to the filed initial claim by the 4 deadline described in that clause shall— 5 (I) invalidate the initial claim; 6 (II) be barred from bringing that 7 additional claim; and 8 (III) remove any such right of 9 action relating to that initial claim. 10 (3) O THER CLAIMS .—Any other claim relating 11 to the issuance of an authorization by an agency of 12 jurisdiction for a project shall be subject to sub-13 section (d). 14 (b) DEFAULT REMEDY.— 15 (1) I N GENERAL .—If a court of law determines 16 that an agency did not comply with the requirements 17 of authorizing legislation when granting an author-18 ization for a project, the default remedy shall be to 19 remand that authorization to the applicable agency. 20 (2) L IMITATION.—A court of law shall not va-21 cate, enjoin, or otherwise limit an authorization 22 granted for a project unless the issuance of the au-23 thorization would present an imminent and substan-24 tial danger to human health or the environment for 25 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •S 1355 IS which there is no other equitable remedy available 1 under law. 2 (c) R IGHT OF ACTION.—Notwithstanding any other 3 provision of law, an individual seeking to bring a claim 4 for judicial review of the approval of an authorization for 5 a project may only bring the claim if the individual will 6 suffer a direct and tangible harm because of the authoriza-7 tion for which the individual is seeking judicial review if 8 the harm was not analyzed in the approval of the initial 9 authorization (as defined in subsection (a)(1)). 10 (d) RIGHT OF ALTERATION.— 11 (1) I N GENERAL .—If an authorization for a 12 project is enjoined, remanded, or vacated by a court 13 of law, the project sponsor and the agency of juris-14 diction shall participate in a mediation process over-15 seen by the Council— 16 (A) to address the reasons for the injunc-17 tion, remand, or vacatur; and 18 (B) to reauthorize the project for develop-19 ment. 20 (2) PROCESS.— 21 (A) R EMEDIATION PROPOSALS .—Subject 22 to subparagraph (B)(i), not later than 60 days 23 after the date on which an authorization for a 24 project is enjoined, remanded, or vacated by a 25 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •S 1355 IS court of law, the project sponsor and the agency 1 of jurisdiction shall each submit to the Council 2 remediation proposals— 3 (i) to address any identified issues 4 that can be fully resolved; or 5 (ii) to attempt to mitigate the identi-6 fied issues if the issues cannot be fully re-7 solved. 8 (B) EXTENSION.— 9 (i) I N GENERAL .—A project sponsor 10 may request from the Council an extension 11 of not more than 120 days to complete a 12 remediation proposal described in subpara-13 graph (A). 14 (ii) A PPROVAL REQUIRED .—If the 15 Council receives a request from a project 16 sponsor for an extension under clause (i), 17 the Council shall approve that request. 18 (iii) T REATMENT OF THE AGENCY OF 19 JURISDICTION.—If an extension is re-20 quested and approved under clauses (i) 21 and (ii), respectively, an agency of jurisdic-22 tion may, notwithstanding subparagraph 23 (A), submit the remediation proposal re-24 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 •S 1355 IS quired under that subparagraph (A) within 1 the extension period described in clause (i). 2 (C) A GENCY COMPLIANCE .—If an agency 3 of jurisdiction fails to submit a remediation 4 proposal in the time period described in sub-5 paragraph (A) or (B)(i), as applicable, the 6 Council shall— 7 (i) approve the remediation proposal 8 submitted by the project sponsor; and 9 (ii) direct the agency of jurisdiction to 10 reauthorize all applicable authorizations 11 for the project. 12 (D) COUNCIL REVIEW .— 13 (i) I N GENERAL .—Not later than 60 14 days after the date on which a project 15 sponsor and an agency of jurisdiction sub-16 mit a remediation proposal in accordance 17 with subparagraph (A) or (B)(i), as appli-18 cable, the Council shall— 19 (I) hold any necessary joint meet-20 ings between the project sponsor and 21 the agency of jurisdiction to assist in 22 reaching a final remediation plan de-23 scribed in clause (ii); 24 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 12 •S 1355 IS (II) complete a final remediation 1 plan; and 2 (III) direct the agency of juris-3 diction to reauthorize the project 4 based on that final remediation plan. 5 (ii) FINAL REMEDIATION PLAN .— 6 (I) I N GENERAL .—A final reme-7 diation plan described in clause (i) 8 shall contain any alterations to a 9 project necessary to address the rea-10 sons for which a court of law en-11 joined, remanded, vacated, or other-12 wise limited an authorization for the 13 applicable project. 14 (II) F ORM.—A final remediation 15 plan described in clause (i) shall— 16 (aa) accept the remediation 17 proposal of the project sponsor; 18 or 19 (bb) alter the remediation 20 proposal of the project sponsor 21 based on the remediation pro-22 posal of the agency of jurisdic-23 tion. 24 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 13 •S 1355 IS (III) A LTERATIONS.—To the 1 maximum extent practicable, alter-2 ations described in subclause (II)(bb) 3 shall represent an intermediate posi-4 tion between the remediation proposal 5 of the project sponsor and the remedi-6 ation proposal of the agency of juris-7 diction. 8 (IV) L ENGTH OF FINAL REMEDI -9 ATION PLAN .—The text of a final re-10 mediation plan shall not exceed 50 11 pages. 12 (iii) RIGHT OF ACCEPTANCE .— 13 (I) I N GENERAL .—At any point 14 in the 60-day period described in 15 clause (i), a project sponsor or an 16 agency of jurisdiction may submit to 17 the Council in writing an acceptance 18 of the remediation proposal of the 19 other party. 20 (II) R EAUTHORIZATION.—If the 21 Council receives an acceptance under 22 subclause (I), the Council shall— 23 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 14 •S 1355 IS (aa) consider the accepted 1 remediation proposal to be the 2 final remediation plan; and 3 (bb) direct the agency of ju-4 risdiction to reauthorize all au-5 thorizations for the project. 6 (iv) M EETINGS.—The Council shall 7 hold not less than 1 meeting between a 8 project sponsor and an agency of jurisdic-9 tion to address any necessary areas of dis-10 pute between the applicable remediation 11 plans. 12 (v) C OMPLETION.—On completion of 13 a final remediation plan under clause (ii), 14 the Council shall— 15 (I) make public the final remedi-16 ation plan in a manner consistent 17 with the authorization approval proc-18 ess of the agency of jurisdiction; and 19 (II) direct the agency of jurisdic-20 tion to reauthorize all authorizations 21 for the project. 22 (vi) C OMPLIANCE.—If the Council 23 fails to direct the agency of jurisdiction to 24 reauthorize all authorizations for the 25 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 15 •S 1355 IS project within the 60-day period described 1 in clause (i), the agency of jurisdiction 2 shall— 3 (I) consider the remediation pro-4 posal of the project sponsor to be the 5 final remediation plan; and 6 (II) reauthorize all authorizations 7 for the project in accordance with the 8 final remediation plan. 9 (E) A DDITIONAL MEETINGS .—At the re-10 quest of a project sponsor, following the date on 11 which an authorization for a project is enjoined, 12 remanded, or vacated by a court of law, but be-13 fore the date on which a project sponsor and an 14 agency of jurisdiction submit a remediation pro-15 posal under subparagraph (A) or (B)(i), as ap-16 plicable, the Council may hold meetings between 17 the agency of jurisdiction and the project spon-18 sor in an attempt to align the parties on reme-19 diation proposals. 20 (F) T REATMENT OF ADDITIONAL ANAL -21 YSES.— 22 (i) I N GENERAL .—To the maximum 23 extent practicable, and except as provided 24 in clause (ii), all remediation proposals and 25 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 16 •S 1355 IS final remediation plans described in sub-1 paragraph (D)(ii) shall only use existing 2 information, data, and analyses used in the 3 initial authorization (as defined in sub-4 section (a)(1)) or presented as a part of 5 the initial claim (as defined in that sub-6 section) and subsequent judicial process. 7 (ii) A DDITIONAL ANALYSES .—If addi-8 tional analysis is required to fulfill a court 9 order, all final remediation plans described 10 in subparagraph (D)(ii) shall— 11 (I) designate a singular agency of 12 jurisdiction to perform the analysis; 13 (II) allow for not more than 90 14 days to perform the analysis; 15 (III) designate the court order as 16 fulfilled and the project authorization 17 re-approved if the designated agency 18 does not complete the analysis in the 19 90-day period described in subclause 20 (II); and 21 (IV) establish clear actions to be 22 taken in relation to the final remedi-23 ation plan and the authorization de-24 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 17 •S 1355 IS pendent on the potential outcomes of 1 the additional analysis. 2 (3) R IGHT OF ADDITIONAL REVIEW .—A final 3 remediation plan described in paragraph (2)(D)(ii) 4 shall not be subject to judicial review or further 5 right of action by an individual or entity other than 6 the project sponsor. 7 (4) REAUTHORIZATION.— 8 (A) I N GENERAL .—An agency of jurisdic-9 tion shall reauthorize all authorizations for a 10 project not later than 15 days after the date on 11 which a final remediation plan described in 12 paragraph (2)(D)(ii) is completed. 13 (B) F AILURE TO REAUTHORIZE A 14 PROJECT.—If an agency of jurisdiction fails to 15 reauthorize a project and submit to the project 16 sponsor any necessary authorization paperwork 17 within the 15-day period described in subpara-18 graph (A), the project sponsor may begin any 19 necessary actions reliant on the authorization to 20 complete the project. 21 (e) V ENUE.—A claim seeking judicial review of an 22 authorization issued by an agency of jurisdiction for a 23 project shall be filed— 24 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 18 •S 1355 IS (1) in the court the jurisdiction of which con-1 tains the location of the project that the authoriza-2 tion applies to; or 3 (2) if the location of the project transverses the 4 jurisdiction of multiple courts, in the court the juris-5 diction of which contains the location in which the 6 largest financial investment will be made with re-7 spect to the project. 8 (f) R ANDOM ASSIGNMENT OF CASES.—To the max-9 imum extent practicable, district courts of the United 10 States and courts of appeals of the United States shall 11 randomly assign cases seeking judicial review of any au-12 thorization issued by an agency of jurisdiction for a 13 project to judges appointed, designated, or assigned to sit 14 as judges of the court in a manner to avoid the appearance 15 of favoritism or bias. 16 (g) PUBLICATION OF JUDICIAL REVIEW TIME PERI-17 ODS.— 18 (1) I N GENERAL .—The Council shall maintain 19 a public database (referred to in this subsection as 20 the ‘‘database’’) of any claim relating to the issuance 21 of an authorization by an agency of jurisdiction 22 that— 23 (A) is subject to judicial review; and 24 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 19 •S 1355 IS (B) has not been adjudicated within 90 1 days after the date on which the claim was as-2 signed to a judge. 3 (2) REPORTING REQUIREMENTS .— 4 (A) I N GENERAL .—In the case of a claim 5 described in paragraph (1) that has not been 6 adjudicated within 90 days after the date on 7 which the claim is assigned to a judge, the Di-8 rector of the Administrative Office of the 9 United States Courts shall submit to the Coun-10 cil a report, which shall include— 11 (i) the name of the claim; 12 (ii) the authorizing legislation pursu-13 ant to which the initial authorization (as 14 defined in subsection (a)(1)) was issued; 15 (iii) the name of the plaintiff; 16 (iv) the name of the defendant; 17 (v) the date on which the claim was 18 filed; 19 (vi) the name of the court; and 20 (vii) the name of the judge to which 21 the claim was assigned. 22 (B) ALTERNATE REPORTING METHODS .— 23 (i) I N GENERAL .—A plaintiff or de-24 fendant involved in a claim may self-report 25 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 20 •S 1355 IS the information described in clauses (i) 1 through (vii) of subparagraph (A). 2 (ii) P UBLICATION.—The Council shall 3 ensure that the availability to self-report as 4 described in clause (i) is publicized— 5 (I) on the home page of the 6 website of the Council; and 7 (II) in any other manner deter-8 mined to be appropriate by the Coun-9 cil. 10 (iii) N OTIFICATION TO APPLICABLE 11 COURT.—For each matter self-reported to 12 the Council under clause (i), the Council 13 shall notify the applicable court to confirm 14 that the information described in clauses 15 (i) through (vii) of subparagraph (A) re-16 ceived by the Council is accurate. 17 (3) M AINTENANCE OF JUDICIAL REVIEW 18 TIMELINES.—With respect to each claim in the data-19 base, the Council shall update the database not less 20 frequently than daily to reflect the number of days 21 the claim has been under judicial review. 22 (4) P UBLICATION.—Not later than 5 business 23 days after the date on which the Council receives a 24 report from the Director of the Administrative Of-25 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 21 •S 1355 IS fice of the United States Courts under subparagraph 1 (A) of paragraph (2) or from a plaintiff or defend-2 ant under subparagraph (B) of that paragraph, as 3 applicable, the Council shall update the database to 4 include the information contained in the report. 5 (5) COUNCIL REPORTING .— 6 (A) I N GENERAL .—Not less frequently 7 than once per calendar year, the Council shall 8 publish and submit to the committees described 9 in subparagraph (D) a report containing— 10 (i) a list of all cases with claims that 11 were reported to the Council under para-12 graph (2); 13 (ii) a list of all courts with multiple 14 cases with claims reported under para-15 graph (2), which shall be— 16 (I) listed by name with the total 17 number of applicable cases on file 18 with each court— 19 (aa) in the year preceding 20 the date on which the applicable 21 report is submitted; and 22 (bb) in total since the date 23 of enactment of this Act; and 24 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 22 •S 1355 IS (II) ordered according to the 1 largest number, from largest to small-2 est, of late cases per court in the year 3 preceding the date on which the appli-4 cable report is submitted; 5 (iii) a list of all judges with multiple 6 cases with claims reported under para-7 graph (2), which shall be— 8 (I) listed by name with the total 9 number of late cases assigned to each 10 judge— 11 (aa) in the year preceding 12 the date on which the applicable 13 report is submitted; and 14 (bb) in total since the date 15 of enactment of this Act; and 16 (II) ordered according to the 17 largest number, from largest to small-18 est, of late cases per judge since the 19 date of enactment of this Act; 20 (iv) the name of any judge that has 21 failed to report a claim in accordance with 22 paragraph (2)(A); and 23 (v) any other information that the 24 Council determines to be necessary to en-25 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 23 •S 1355 IS sure timely review of claims relating to the 1 issuance of an authorization. 2 (B) M ORE FREQUENT REPORTING .—The 3 Council may publish the report required under 4 subparagraph (A) more frequently than once 5 per calendar year, subject to the condition that 6 the Council shall not publish the report more 7 frequently than once per quarter. 8 (C) P UBLICATION.—Any report prepared 9 by the Council under subparagraph (A) shall 10 be— 11 (i) published in the Federal Register; 12 and 13 (ii) made available on the website of 14 the Council. 15 (D) C OMMITTEES DESCRIBED .—The com-16 mittees referred to in subparagraph (A) are— 17 (i) the Committee on Environment 18 and Public Works of the Senate; 19 (ii) the Committee on the Judiciary of 20 the Senate; 21 (iii) the Committee on Energy and 22 Natural Resources of the Senate; 23 (iv) the Committee on Natural Re-24 sources of the House of Representatives; 25 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 24 •S 1355 IS (v) the Committee on the Judiciary of 1 the House of Representatives; and 2 (vi) the Committee on Energy and 3 Commerce of the House of Representa-4 tives. 5 (h) T REATMENT OF EXISTING AUTHORIZATION RE-6 QUESTS.—For a project sponsor that has submitted a 7 project to an agency of jurisdiction for approval of an au-8 thorization on or before the date of enactment of this Act, 9 the judicial review requirements described in this section 10 shall apply to any authorization granted for the project. 11 (i) TREATMENT OF EXISTING JUDICIAL REVIEWS.— 12 For any authorization subject to judicial review as of the 13 date of enactment of this Act, the judicial review processes 14 described in this section shall apply to such judicial review. 15 (j) S AVINGS PROVISION.—Nothing in this section— 16 (1) establishes a right of action under any au-17 thorizing legislation relating to an environmental re-18 view that does not already provide for a right of ac-19 tion relating to that environmental review; or 20 (2) prohibits any lawful action taken by a 21 project sponsor that has been denied the ability— 22 (A) to appeal an initial rejection of a 23 project by the agency of jurisdiction; 24 VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB 25 •S 1355 IS (B) to appeal a rejection by the agency of 1 jurisdiction relating to 1 or more attempts to 2 address the issues identified as a result of a 3 previous injunction, remand, or vacatur of an 4 authorization decision; or 5 (C) to resubmit a project in a manner that 6 addresses the reasons for the rejection of that 7 project by the agency of jurisdiction. 8 SEC. 4. JUDICIAL STANDING UNDER NEPA. 9 Title I of the National Environmental Policy Act of 10 1969 (42 U.S.C. 4331 et seq.) is amended by adding at 11 the end the following: 12 ‘‘SEC. 112. JUDICIAL STANDING. 13 ‘‘Nothing in this title, or any environmental review 14 (as defined in section 2 of the REPAIR Act of 2025) car-15 ried out pursuant to this title, provides a judicial right 16 of action under this title or subchapter II of chapter 5, 17 and chapter 7, of title 5, United States Code (commonly 18 known as the ‘Administrative Procedure Act’), relating to 19 the approval of an authorization (as defined in that sec-20 tion) for a project (as defined in that section) that uses 21 an applicable environmental review (as so defined).’’. 22 Æ VerDate Sep 11 2014 21:51 Apr 22, 2025 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6301 E:\BILLS\S1355.IS S1355kjohnson on DSK7ZCZBW3PROD with $$_JOB