Sec. 3. Programmatic agreements for categorical exclusions
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The Secretary shall enter into programmatic agreements with Indian tribes that establish efficient administrative procedures for carrying out environmental reviews for projects eligible for assistance under section 202 of title 23, United States Code. A programmatic agreement under subsection (a)— may include an agreement that allows an Indian tribe to determine, on behalf of the Secretary, whether a project is categorically excluded from the preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); and shall— require that the Indian tribe maintain adequate capacity in terms of personnel and other resources to carry out applicable agency responsibilities pursuant to section 1507.2 of title 40, Code of Federal Regulations (or successor regulations); set forth the responsibilities of the Indian tribe for making categorical exclusion determinations, documenting the determinations, and achieving acceptable quality control and quality assurance; allow— the Secretary to monitor compliance of the Indian tribe with the terms of the agreement; and the Indian tribe to execute any needed corrective action; contain stipulations for amendments, termination, and public availability of the agreement once the agreement has been executed; and have a term of not more than 5 years, with an option for renewal based on a review by the Secretary of the performance of the Indian tribe.
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Sec. 3
Programmatic agreements for categorical exclusions
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