Use of categorical exclusions by other agencies

Section 109 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336c) is amended to read as follows: 109. Use of categorical exclusions by other agencies (a) Agency notification to Council (1) Available categorical exclusions Not later than 30 days after the date of enactment of the Bipartisan American Affordability and Jobs Act of 2026, each Federal agency shall submit to the Council a notification of all categorical exclusions of the agency, specifying whether the categorical exclusion was administratively created, established by Congress, or adopted pursuant to subsection (c). (2) New categorical exclusions Not later than 7 days after the date on which a Federal agency administratively creates a categorical exclusion, a categorical exclusion under the jurisdiction of the applicable Federal agency is established by Congress, or the Federal agency adopts a categorical exclusion of another Federal agency pursuant to subsection (c), the Federal agency shall submit to the Chairman a notification of the creation, establishment, or adoption, as applicable, of that categorical exclusion. (b) Record of categorical exclusions The Council shall maintain, on the website of the Council, an accurate and publicly available record of each categorical exclusion that— (1) is created by a Federal agency; (2) has been established by Congress; or (3) has been adopted by a Federal agency pursuant to subsection (c). (c) Adoption of categorical exclusions by other agencies (1) In general A Federal agency may adopt a categorical exclusion of another Federal agency listed in the record required under subsection (b) for which the categorical exclusion was established consistent with this subsection. (2) Requirements In adopting a categorical exclusion under paragraph (1), a Federal agency shall— (A) identify the categorical exclusion included on the record described in subsection (b) that covers a category of proposed agency actions or related actions; (B) consult with the Federal agency that established the categorical exclusion or carries out a categorical exclusion established by Congress to ensure that the proposed adoption of the categorical exclusion to a category of proposed agency actions is appropriate; and (C) publicly document adoption of the categorical exclusion..