S.Amdt. 4004

SA 4004. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. CATEGORICAL EXCLUSIONS IN ENVIRONMENTAL REVIEWS.

(a) Definitions.--In this section:
(1) Environmental assessment.--The term ``environmental
assessment'' has the meaning given the term in section 1508.1
of title 40, Code of Federal Regulations (or a successor
regulation).
(2) Environmental impact statement.--The term
``environmental impact statement'' means a detailed statement
required under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(3) Proposed action.--The term ``proposed action'' means an
action (within the meaning of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)) proposed to be
carried out by the Secretary under this Act.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(b) Categorical Exclusions.--
(1) In general.--Notwithstanding any other provision of law
and subject to paragraph (2), the Secretary may, with respect
to a proposed action and without further approval, use a
categorical exclusion under title I of the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.)
that has been approved by--
(A)(i) another Federal agency; and
(ii) the Council on Environmental Quality; or
(B) an Act of Congress.
(2) Requirements.--The Secretary may use a categorical
exclusion described in paragraph (1) if the Secretary--
(A) carefully reviews the description of the proposed
action to ensure that it fits within the category of actions
described in the categorical exclusion; and
(B) considers the circumstances associated with the
proposed action to ensure that there are no extraordinary
circumstances that warrant the preparation of an
environmental assessment or an environmental impact
statement.
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