Sec. 1102. Development of categorical exclusions
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Not later than 60 days after the date of enactment of this Act, the Secretary shall— in consultation with the agencies described in subsection (b), identify the categorical exclusions described in section 230.9 of title 33, Code of Federal Regulations (or successor regulations), that would accelerate delivery of a project if those categorical exclusions were available to those agencies; collect existing documentation and substantiating information on the categorical exclusions identified under paragraph (1); and provide to each agency described in subsection (b)— a list of the categorical exclusions identified under paragraph (1); and the documentation and substantiating information collected under paragraph (2).
The agencies referred to in subsection
(a)are— the Department of the Interior; the Department of Transportation; the Department of Commerce; the Department of Agriculture; the Department of Energy; the Department of Defense; and any other Federal agency that has participated in an environmental review process for a project, as determined by the Secretary. Not later than 1 year after the date on which the Secretary provides the list required under subsection (a)(3)(A), an agency described in subsection
(b)shall publish a notice of proposed rulemaking to propose any categorical exclusions from the list applicable to the agency, subject to the condition that the categorical exclusion identified under subsection (a)(1) meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or successor regulations). In a notice of proposed rulemaking under paragraph (1), the applicable agency may solicit comments on whether any of the proposed new categorical exclusions meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or successor regulations).