Sec. 221. Use of established categorical exclusions
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Title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) is amended by adding at the end the following: A Federal agency may designate any covered category of actions as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) without further substantiation. For purposes of paragraph (1), the term covered category of actions means, with respect to a Federal agency, a category of action identified by another Federal agency as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ).
A categorical exclusion established pursuant to subsection (a)(1) shall not be subject to judicial review. The authorities provided by this section do not apply with respect to any National Forest System lands or public lands— that are included in the National Wilderness Preservation System; that are located within a national or State specific inventoried roadless area established by the Secretary of Agriculture through regulation, unless— the forest management activity to be carried out under such authority is consistent with the forest plan applicable to the area; or the Secretary concerned determines the activity is allowed under the applicable roadless rule governing such lands; or on which timber harvesting for any purpose is prohibited by Federal statute. .
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