Sec. 3. National Environmental Policy Act of 1969 modifications
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The National Environmental Policy Act of 1969 is amended by inserting after section 2 ( 42 U.S.C. 4321 ) the following: In this Act: The term categorical exclusion means a category of actions that a Federal agency determines, according to procedures established by the Federal agency, do not normally have a significant effect on the human environment. The term effects means changes to the human environment as a result of a proposed action or alternative action to be carried out by a Federal agency that— are reasonably foreseeable and not remote in time, geographically remote, or the product of a lengthy causal chain; have a reasonably close causal relationship, as determined by the Federal agency, to the proposed action or alternative action, as applicable; and the Federal agency has the ability to prevent and that would not occur absent the proposed action or alternative action.
For purposes of subparagraph (A)(ii), a but for causal relationship is insufficient to establish a reasonably close causal relationship. The term environmental assessment means a concise public document prepared by a Federal agency to determine whether to prepare an environmental impact statement or a finding of no significant impact for a proposed action. The term environmental impact statement means a detailed statement required to be prepared for a proposed major action in accordance with title I.
The term major Federal action means an activity or decision subject to Federal control and responsibility, as determined by a Federal agency. The term major Federal action does not include— a nondiscretionary or extraterritorial activity or decision; an action that does not result in a final agency action under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ); a judicial or administrative enforcement action; an action involving funding, the control of which is not maintained by the Federal agency that was appropriated the funds; a non-Federal project with minimal Federal funding or involvement; a loan, loan guarantee, or other financial assistance where the Federal agency does not exercise sufficient control or responsibility over the funds; and any action that was deemed to not be a major Federal action by a Federal court.
A Federal agency may determine whether any other action is a major Federal action for purposes of the requirements of this Act. . Title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ) is amended by adding at the end the following: Prior to carrying out the requirements of this title for a major Federal action, the Federal agency seeking to carry out the action shall determine whether— the action is exempt from the requirements of this title by another Federal law (including regulations); compliance with this title would— clearly and fundamentally conflict with another Federal law (including regulations); or be inconsistent with the congressional intent of another Federal law; the action is nondiscretionary, such that the Federal agency lacks authority to consider the environmental effects of the action; and a review of the effects of the action under another Federal law (including regulations) would satisfy the requirements of this title. .
Title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ) (as amended by subsection (b)) is amended by adding at the end the following: In assessing the appropriate level of review to be conducted by a Federal agency under this title for a major Federal action, the Federal agency shall determine whether the proposed action— normally does not have significant effects or qualifies as a categorical exclusion; is likely to have insignificant effects or unknown effects; or is likely to have significant effects. .
Title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ) (as amended by subsection (c)) is amended by adding at the end the following: An environmental impact statement shall briefly specify the underlying purpose and need to which a Federal agency is responding. Any alternatives analyzed by the Federal agency shall— meet the purpose and need for the proposed action; and where applicable, meet the goals of the applicant. The text of a final environmental impact statement shall be proportional to the potential effects, and size, of the proposed action, but shall not be longer than— 150 pages; or in the case of a proposed action of unusual complexity, as determined by the applicable Federal agency, 300 pages.
Not later than 2 years after the date on which a Federal agency issues a notice of intent to carry out a proposed action, the Federal agency shall submit to the Environmental Protection Agency the environmental impact statement for that proposed action. If a Federal agency does not submit an environmental impact statement in accordance with the timeline described in paragraph (1), the requirements of this title shall be deemed to have been fulfilled for the proposed action. Comments and objections of any kind relating to an environmental impact statement for a proposed action shall be raised within the comment period on the draft environmental impact statement provided by the applicable Federal agency, consistent with the requirements of section 1506.11 of title 40, Code of Federal Regulations (as in effect on September 14, 2020).
If the applicable Federal agency requests comments on a final environmental impact statement prepared for a major Federal action before the final decision of the Federal agency, comments and objections of any kind shall be raised within the comment period provided by the Federal agency. Comments and objections of any kind not provided within the comment periods described in paragraphs
(1)and
(2)shall be considered unexhausted and forfeited, consistent with section 1500.3(b) of title 40, Code of Federal Regulations (as in effect on September 14, 2020). Each record of decision prepared by a Federal agency for a proposed action shall contain a statement certifying that the Federal agency considered all alternatives to, and information and analyses relating to, the proposed action submitted during the process of carrying out the requirements of this title. . Section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ) is amended— in subparagraph (C)— in the matter preceding clause (i), by striking a detailed statement and inserting an environmental impact statement ; and in the undesignated matter following clause (v), in the first sentence, by striking Prior to making any detailed statement and inserting Prior to preparing an environmental impact statement ; and in subparagraph (D)— in the matter preceding clause (i), by striking detailed statement and inserting environmental impact statement ; and in clause (iv), by striking detailed statement and inserting environmental impact statement . Title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ) (as amended by subsection (d)(1)) is amended by adding at the end the following: Not later than 1 year after the date on which a Federal agency decides to prepare an environmental assessment for a proposed action, the Federal agency shall submit to the Environmental Protection Agency that environmental assessment. . Title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ) (as amended by subsection (e)) is amended by adding at the end the following: A Federal agency may adopt the determination of another Federal agency that a categorical exclusion applies to a proposed action if the action covered by the original categorical exclusion determination and the proposed action of the adopting Federal agency are substantially the same, in the determination of the adopting Federal agency. .
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