42 U.S. Code § 4336f - Project sponsor opt-in fees for environmental reviews

(a) Process

(1) Project sponsor

A project sponsor that intends to pay a fee under this section for the preparation, or supervision of the preparation, of an environmental assessment or environmental impact statement for a project shall submit to the Council—

(A) a description of the project; and

(B) a declaration of whether the project sponsor intends to prepare the environmental assessment or environmental impact statement under section 4336a(f) of this title.

(2) Council on Environmental Quality

Not later than 15 days after the date on which the Council receives information described in paragraph (1) from a project sponsor, the Council shall provide to the project sponsor notice of the amount of the fee to be paid under this section, as determined under subsection (b).

(3) Payment of fee

A project sponsor may pay a fee under this section after receipt of the notice described in paragraph (2).

(4) Deadline for environmental reviews for which a fee is paid

Notwithstanding section 4336a(g)(1) of this title—

(A) an environmental assessment for which a fee is paid under this section shall be completed not later than 180 days after the date on which the fee is paid; and

(B) an environmental impact statement for which a fee is paid under this section shall be completed not later than 1 year after the date of publication of the notice of intent to prepare the environmental impact statement.

(b) Fee amount

The amount of a fee under this section shall be—

(1) 125 percent of the anticipated costs to prepare the environmental assessment or environmental impact statement; and

(2) in the case of an environmental assessment or environmental impact statement to be prepared in whole or in part by a project sponsor under section 4336a(f) of this title, 125 percent of the anticipated costs to supervise preparation of, and, as applicable, prepare, the environmental assessment or environmental impact statement.

(Pub. L. 91–190, title I, § 112, as added Pub. L. 119–21, title VI, § 60026, July 4, 2025, 139 Stat. 157.)