S.Amdt. 5999
What it does: Adds SEC. 10__. CATEGORICAL EXCLUSIONS IN ENVIRONMENTAL REVIEWS at the end of subtitle G of title X
Sen. Mike Lee (R-UT)What it changes
1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text
Adds SEC. 10__. CATEGORICAL EXCLUSIONS IN ENVIRONMENTAL REVIEWS at the end of subtitle G of title X
Adds a sectionIn S.Amdt. 5499 as proposed
(2) as a recognition of Senator Inhofe's long history of engaging with, and advocating for, Africa, the Department of Defense Africa Center for Strategic Studies should be renamed the James M. Inhofe Center for Africa Strategic Studies.
Inserted: SEC. 10__. CATEGORICAL EXCLUSIONS IN ENVIRONMENTAL REVIEWS.
Inserted: (a) Definitions.--In this section:
Inserted: (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).
Inserted: (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)).
Inserted: (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.
Inserted: (4) Secretary.--The term "Secretary" means the Secretary of Defense.
Inserted: (b) Categorical Exclusions.--
Inserted: (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--
Inserted: (A)(i) another Federal agency; and
Inserted: (ii) the Council on Environmental Quality; or
Inserted: (B) an Act of Congress.
Inserted: (2) Requirements.--The Secretary may use a categorical exclusion described in paragraph (1) if the Secretary--
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Inserted: (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
Inserted: (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.
Original wording
At the end of subtitle G of title X, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 5999. Mr. LEE submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 end of subtitle G of title X, add the following:
SEC. 10__. 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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Senate amendment submitted
September 28, 2022