Definitions

(a) In general The National Environmental Policy Act of 1969 is amended by inserting after section 2 (42 U.S.C. 4321) the following: 3. Definitions In this Act: (1) Agency CERPO The term agency CERPO means the chief environmental review and permitting officer of each key permitting agency, as appointed by the head of the key permitting agency. (2) Authorization The term authorization means any lease, right-of-way, easement, license, permit, approval, finding, determination, or other administrative decision issued by a Federal agency or any interagency consultation that is required or authorized under Federal law to implement a proposed agency action. (3) Categorical exclusion The term categorical exclusion means a category of actions that a Federal agency has determined, or Congress has deemed by statute, normally does not significantly affect the quality of the human environment, within the meaning of section 102(2)(C). (4) Chairman The term Chairman means the Chairman of the Council. (5) Cooperating agency The term cooperating agency means any Federal, State, Tribal, or local agency (including a county, borough, parish, city, and any other political subdivision of a State) that has been designated as a cooperating agency under section 107(a)(2)(A). (6) Council The term Council means the Council on Environmental Quality established by section 202. (7) eNEPA technologies The term eNEPA technologies means digital tools, applications, and other technological capabilities used by agencies to support the responsibilities of the agency with respect to environmental review or other types of authorizations. (8) Environmental assessment The term environmental assessment means an environmental assessment prepared under section 106(b)(1)(A). (9) Environmental document The term environmental document means an environmental impact statement, an environmental assessment, or a finding of no significant impact. (10) Environmental impact statement The term environmental impact statement means a detailed written statement that is required by section 102(2)(C). (11) Environmental infrastructure program or authority (A) In general The term environmental infrastructure program or authority means a program or authority of the Secretary of the Army to provide assistance to a non-Federal interest for carrying out water-related environmental infrastructure or environmental assistance and resource protection and development projects. (B) Inclusions The term environmental infrastructure program or authority includes— (i) section 1113 of the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4232; 110 Stat. 3719, 136 Stat. 3781; 138 Stat. 3161); (ii) section 217 of the Water Resources Development Act of 1992 (43 U.S.C. 390h–4 note; Public Law 102–580); (iii) section 218 of the Water Resources Development Act of 1992 (43 U.S.C. 390h–5 note; Public Law 102–580); (iv) section 219 of the Water Resources Development Act of 1992 (Public Law 102–580; 106 Stat. 4835); (v) section 220 of the Water Resources Development Act of 1992 (Public Law 102–580; 106 Stat. 4836); (vi) section 313 of the Water Resources Development Act of 1992 (Public Law 102–580; 106 Stat. 4845); (vii) section 324 of the Water Resources Development Act of 1992 (Public Law 102–580; 106 Stat. 4849); (viii) section 340 of the Water Resources Development Act of 1992 (Public Law 102–580; 106 Stat. 4856); (ix) section 522 of the Water Resources Development Act of 1996 (Public Law 104–303; 110 Stat. 3766); (x) section 531 of the Water Resources Development Act of 1996 (Public Law 104–303; 110 Stat. 3773); (xi) section 552 of the Water Resources Development Act of 1996 (Public Law 104–303; 110 Stat. 3779); (xii) section 566 of the Water Resources Development Act of 1996 (Public Law 104–303; 110 Stat. 3786); (xiii) section 584 of the Water Resources Development Act of 1996 (Public Law 104–303; 110 Stat. 3791); (xiv) section 569 of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 368); (xv) section 570 of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 369); (xvi) section 571 of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 371); (xvii) section 573 of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 372); (xviii) section 592 of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 379); (xix) section 593 of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 380); (xx) section 594 of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 381); (xxi) section 595 of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 383); (xxii) section 528 of the Water Resources Development Act of 2000 (Public Law 106–541; 114 Stat. 2657); (xxiii) section 542 of the Water Resources Development Act of 2000 (Public Law 106–541; 114 Stat. 2671); (xxiv) section 5039 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1206); (xxv) section 5061 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1215); (xxvi) section 5065 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1217); (xxvii) section 5074 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1223); (xxviii) section 5082 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1226); (xxix) section 5085 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1228); (xxx) section 5113 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1237); (xxxi) section 5130 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1247); (xxxii) section 5138 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1250); (xxxiii) section 5140 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1251); (xxxiv) section 8319 of the Water Resources Development Act of 2022 (Public Law 117–263; 136 Stat. 3784); (xxxv) section 8353 of the Water Resources Development Act of 2022 (Public Law 117–263; 136 Stat. 3800); (xxxvi) section 8359 of the Water Resources Development Act of 2022 (Public Law 117–263; 136 Stat. 3802); (xxxvii) section 1332 of the Water Resources Development Act of 2024 (Public Law 118–272; 138 Stat. 3145); (xxxviii) section 1340 of the Water Resources Development Act of 2024 (Public Law 118–272; 138 Stat. 3149); (xxxix) section 1344 of the Water Resources Development Act of 2024 (Public Law 118–272; 138 Stat. 3153); (xl) section 1348 of the Water Resources Development Act of 2024 (Public Law 118–272; 138 Stat. 3157); (xli) section 1349 of the Water Resources Development Act of 2024 (Public Law 118–272; 138 Stat. 3158); and (xlii) any other similar program or authority that the Secretary of the Army determines to be appropriate. (12) Environmental review The term environmental review means the agency procedures and processes for preparing an environmental document for a proposed agency action under this Act. (13) Finding of no significant impact The term finding of no significant impact means a determination that a proposed agency action does not require the issuance of an environmental impact statement. (14) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (15) Key Permitting agency (A) In general The term key permitting agency means a Federal agency that commonly engages in environmental review or other types of authorizations. (B) Inclusions The term key permitting agency includes— (i) the Department of Agriculture; (ii) the Department of Commerce; (iii) the Department of the Interior; (iv) the Department of Energy; (v) the Department of Transportation; (vi) the Department of Defense; (vii) the Environmental Protection Agency; (viii) the Federal Energy Regulatory Commission; (ix) the Nuclear Regulatory Commission; (x) the Department of Homeland Security; (xi) the Department of Housing and Urban Development; (xii) the Corps of Engineers; (xiii) the Advisory Council on Historic Preservation; and (xiv) any other Federal agency, as determined by the Chairman. (16) Lead agency The term lead agency means, with respect to a proposed agency action— (A) the Federal agency that proposed such action under section 107(a)(1)(A)(i); (B) the Federal agency designated under section 107(a)(1)(A)(ii); or (C) the Federal agency designated by the Chairman under section 107(a)(1)(B)(ii). (17) Made public; make public The terms made public and make public, with respect to a document, mean that the document is published in a single location on the primary website of the applicable Federal agency with— (A) hyperlinks to the document prominently displayed on the website; and (B) the date of initial publication of the document displayed and maintained on the website. (18) Major Federal action (A) In general The term major Federal action means a proposed agency action subject to the requirements of this Act that the agency carrying out the proposed agency action determines is subject to substantial Federal control and responsibility. (B) Exclusions The term major Federal action does not include— (i) a proposed agency action associated with a non-Federal project or undertaking— (I) with no or minimal Federal funding; (II) with no or minimal Federal involvement where a Federal agency cannot control the outcome of the project or undertaking; or (III) for which the only Federal involvement is a loan guarantee or loan; (ii) funding assistance solely in the form of general revenue-sharing funds which do not provide Federal agency compliance or enforcement responsibility over the subsequent use of such funds; (iii) grants (including capitalization grants), cost-share awards, or other forms of financial assistance where a Federal agency does not exercise predominant control and responsibility over the subsequent use of such financial assistance or the environmental effect of the action; (iv) business loan guarantees provided by the Small Business Administration pursuant to subsection (a) or (b) of section 7 of the Small Business Act (15 U.S.C. 636) or title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.); (v) bringing judicial or administrative civil or criminal enforcement actions; (vi) extraterritorial activities or decisions, which means agency activities or decisions with effects located entirely outside of the territory of the United States or the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)); (vii) activities or decisions that are non-discretionary and made in accordance with the statutory authority of the agency; (viii) routine agency actions that are administrative in nature, including actions relating to personnel and fiscal management, training, recordkeeping, procurement, budgeting, travel, the repair of Federal facilities to return those facilities to their previous condition, or the maintenance of Federal facilities, subject to the condition that the cost of the action does not exceed $10,000,000; (ix) notwithstanding any other provision of law, any proposed agency action associated with a project to repair, reconstruct, restore, retrofit, or replace lifeline infrastructure (as defined in section 4 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7703) and referred to in this clause as lifeline infrastructure), if the head of the relevant Federal agency determines the repair, reconstruction, restoration, retrofit, or replacement is in the immediate vicinity of the lifeline infrastructure and does not alter the function or increase the capacity of the lifeline infrastructure by more than 20 percent as compared to the capacity of the original condition of the lifeline infrastructure, subject to the condition that, in the case of lifeline infrastructure that is a highway or bridge, the repair, reconstruction, restoration, retrofit, or replacement of that highway or bridge does not result in additional through travel lanes; (x) notwithstanding any other provision of law, any proposed agency action associated with a geothermal observation test project (as defined in section 30(a) of the Geothermal Steam Act of 1970); (xi) notwithstanding any other provision of law, any proposed agency action associated with transmission activities described in section 216A(b) of the Federal Power Act; (xii) notwithstanding any other provision of law, any proposed agency action associated with a covered activity (as defined in subsection (i)(1) of section 7 of the Natural Gas Act (15 U.S.C. 717f)); (xiii) a proposed agency action, the effects of which were previously evaluated by another agency in compliance with this Act; or (xiv) any proposed agency action associated with a project— (I) carried out under— (aa) a continuing authority program (as defined in section 7001(c)(1)(D)(iii) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d(c)(1)(D)(iii))); or (bb) an environmental infrastructure program or authority; and (II) for which the Federal share of the cost of that project does not exceed $50,000,000. (19) Programmatic environmental document The term programmatic environmental document means an environmental assessment or environmental impact statement analyzing all or some of the environmental effects of a policy, program, plan, or group of related actions. (20) Project sponsor The term project sponsor means an entity, including any Federal, private, public-private, State, local (including a county, borough, parish, city, and any other political subdivision of a State), or Tribal entity, that seeks an authorization for a proposed agency action. (21) Record of decision The term record of decision means a document, which may be issued concurrent with or following a final environmental document, that explains the decision of an agency with respect to a proposed agency action. (22) Record of stakeholder engagement The term record of stakeholder engagement means a document, not to exceed 20 pages, including any citations or appendices, detailing pre-application engagement of a project sponsor with local governmental, Tribal, and community entities relating to an authorization for a proposed agency action for which an environmental review is required under this Act that only includes the following: (A) A brief list of pre-application engagement by the project sponsor with Federal agencies relating to the authorization for the proposed agency action, including the dates of meetings with the Federal agencies. (B) A list of pre-application engagement by the project sponsor with State, local, and Tribal officials and local community entities relating to the authorization for the proposed agency action, including the date of meetings with those officials, a brief summary of any feedback received, and any ways in which feedback from stakeholders was incorporated into the proposed agency action. (23) Special expertise The term special expertise means statutory responsibility, agency mission, or related program experience. (24) State The term State means— (A) each of the several States of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; and (G) the United States Virgin Islands. (25) State agency The term State agency means any agency, department, board, commission, or other government entity of a State. (26) Statement of purpose and need The term statement of purpose and need means a brief summary by the lead agency that clearly explains— (A) the underlying purpose of the proposed agency action; (B) the need for the proposed agency action; and (C) the goals of the project sponsor, as applicable.. (b) Conforming amendments (1) The National Environmental Policy Act of 1969 is amended by striking section 111 (42 U.S.C. 4336e). (2) Section 9909(c)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4659(c)(1)) is amended by striking section 111 of NEPA (42 U.S.C. 4336e) and inserting section 3 of NEPA. (3) Section 4(l)(2)(F)(i) of the Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (30 U.S.C. 1245 note; Public Law 118–155) is amended by striking section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e) and inserting section 3 of the National Environmental Policy Act of 1969. (4) Section 2232(a) of the Economic Development Reauthorization Act of 2024 (42 U.S.C. 3211 note; Public Law 118–272) is amended by striking section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e) and inserting section 3 of the National Environmental Policy Act of 1969. (5) The Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended— (A) in section 1412(b)(2) (50 U.S.C. 98b note), by striking section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e) and inserting section 3 of the National Environmental Policy Act of 1969; and (B) in section 3511(c)(3)(A) (46 U.S.C. 50505 note), by striking section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e) and inserting section 3 of the National Environmental Policy Act of 1969.