§ 4370m. Definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this subchapter:

(1)Agency The term “agency” has the meaning given the term in section 551 of title 5.

(2)Agency CERPO The term “agency CERPO” means the chief environmental review and permitting officer of an agency, as designated by the head of the agency under section 4370m–1(b)(2)(A)(iii)(I) of this title.

(3)Authorization The term “authorization” means any license, permit, approval, finding, determination, or other administrative decision issued by an agency and any interagency consultation that is required or authorized under Federal law in order to site, construct, reconstruct, or commence operations of a covered project administered by a Federal agency or, in the case of a State that chooses to participate in the environmental review and authorization process in accordance with section 4370m–2(c)(3)(A) of this title, a State agency.

(4)Cooperating agency The term “cooperating agency” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or successor regulations).

(5)Council The term “Council” means the Federal Permitting Improvement Steering Council established under section 4370m–1(a) of this title.

(6)Covered project

(A)In general The term “covered project” means any activity in the United States that requires authorization or environmental review by a Federal agency involving construction of infrastructure for renewable or conventional energy production, electricity transmission, surface transportation, aviation, ports and waterways, water resource projects, broadband, pipelines, manufacturing, semiconductors, artificial intelligence and machine learning, high-performance computing and advanced computer hardware and software, quantum information science and technology, data storage and data management, cybersecurity, carbon capture, energy storage, or any other sector as determined by a majority vote of the Council that—

(I)is subject to NEPA;

(II)is likely to require a total investment of more than $200,000,000; and

(III)does not qualify for abbreviated authorization or environmental review processes under any applicable law;

(ii)is covered by a programmatic plan or environmental review developed for the primary purpose of facilitating development of carbon dioxide pipelines;

(iii)is—

(I)subject to NEPA;

(II)sponsored by an Indian Tribe (as defined in section 5304 of title 25), an Alaska Native Corporation, a Native Hawaiian organization (as defined in section 7517 of title 20), the Department of Hawaiian Home Lands, or the Office of Hawaiian Affairs; and

(III)located on land owned or under the jurisdiction of the entity that sponsors the activity under subclause (II); or

(iv)is subject to NEPA and the size and complexity of which, in the opinion of the Council, make the project likely to benefit from enhanced oversight and coordination, including a project likely to require—

(I)authorization from or environmental review involving more than 2 Federal agencies; or

(II)the preparation of an environmental impact statement under NEPA.

(B)Exclusion The term “covered project” does not include—

(i)any project subject to section 139 of title 23; or

(ii)any project subject to section 2348 of title 33.

(C)Inclusion For purposes of subparagraph (A), construction of infrastructure for carbon capture includes construction of—

(i)any facility, technology, or system that captures, utilizes, or sequesters carbon dioxide emissions, including projects for direct air capture (as defined in paragraph (6)(B)(i) of section 7403(g) of this title); and

(ii)carbon dioxide pipelines.

(7)Dashboard The term “Dashboard” means the Permitting Dashboard required under section 4370m–2(b) of this title.

(8)Environmental assessment The term “environmental assessment” has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or successor regulations).

(9)Environmental document

(A)In general The term “environmental document” means an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision.

(B)Inclusions The term “environmental document” includes—

(i)any document that is a supplement to a document described in subparagraph (A); and

(ii)a document prepared pursuant to a court order.

(10)Environmental impact statement The term “environmental impact statement” means the detailed written statement required under section 102(2)(C) of NEPA [42 U.S.C. 4332(2)(C)].

(11)Environmental review The term “environmental review” means the agency procedures and processes for applying a categorical exclusion or for preparing an environmental assessment, an environmental impact statement, or other document required under NEPA.

(12)Executive Director The term “Executive Director” means the Executive Director appointed by the President under section 4370m–1(b)(1)(A) of this title.

(13)Facilitating agency The term “facilitating agency” means the agency that receives the initial notification from the project sponsor required under section 4370m–2(a) of this title.

(14)Inventory The term “inventory” means the inventory of covered projects established by the Executive Director under section 4370m–1(c)(1)(A) of this title.

(15)Lead agency The term “lead agency” means the agency with principal responsibility for an environmental review of a covered project under NEPA and parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations).

(16)NEPA The term “NEPA” means the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(17)Participating agency The term “participating agency” means an agency participating in an environmental review or authorization for a covered project in accordance with section 4370m–2 of this title.

(18)Project sponsor The term “project sponsor” means an entity, including any private, public, or public-private entity, seeking an authorization for a covered project.

(Pub. L. 114–94, div. D, title XLI, § 41001, Dec. 4, 2015, 129 Stat. 1741; Pub. L. 116–260, div. S, § 102(d)(1), Dec. 27, 2020, 134 Stat. 2250; Pub. L. 117–58, div. G, title VIII, § 70801(a), Nov. 15, 2021, 135 Stat. 1287; Pub. L. 117–173, § 1, Aug. 16, 2022, 136 Stat. 2103; Pub. L. 118–5, div. C, title III, § 323, June 3, 2023, 137 Stat. 46.)