Procedure for determination of level of review

Section 106 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336) is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) by striking one of the agency's categorical exclusions and inserting 1 or a combination of multiple categorical exclusions (excluding multiple applications of the same or similar categorical exclusions that are based on size, acreage, or dollar amount thresholds) of the agency; and (ii) by inserting a categorical exclusion established by Congress, after section 109 of this Act,; (B) in paragraph (3), by striking or at the end; (C) in paragraph (4), by striking proposed action. and inserting proposed agency action;; and (D) by adding at the end the following: (5) the proposed agency action relates to a project or action that has been reviewed pursuant to a State environmental review statute or a Tribal environmental review statute, ordinance, resolution, regulation, or formally adopted policy and the lead agency determines that the review serves a similar function as Federal agency compliance with this Act; or (6) the agency determines the proposed agency action is an action for which compliance by the agency with the requirements of another Federal law serves a similar function as compliance by the agency with this Act with respect to the action.; (2) in subsection (b)— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (1), respectively, and moving the paragraphs so as to appear in numerical order; and (B) in paragraph (1) (as so redesignated)— (i) in the first sentence, by striking An agency and inserting the following: (A) In general Except as provided in subparagraph (B), a lead agency; (ii) in subparagraph (A) (as so designated)— (I) in the first sentence— (aa) by striking one of the agency's categorical exclusions and inserting 1 or a combination of multiple categorical exclusions (excluding multiple applications of the same or similar categorical exclusions that are based on size, acreage, or dollar amount thresholds) of the agency; and (bb) by inserting a categorical exclusion established by Congress, after section 109 of this Act,; and (II) in the second sentence, by striking a Federal and inserting the lead; and (iii) by adding at the end the following: (B) Project sponsor request At the request of a project sponsor, if a lead agency has begun the preparation of an environmental assessment pursuant to subparagraph (A), the lead agency shall discontinue the preparation of the environmental assessment and proceed to the preparation of an environmental impact statement for the applicable proposed agency action.; and (3) by adding at the end the following: (c) Effect of threshold determination on other agencies If a lead agency determines that an environmental document is not required to be prepared with respect to a proposed agency action under subsection (a), no agency shall prepare an environmental document with respect to the proposed agency action..