Section 1 Short title
This Act may be cited as the “Determination of NEPA Adequacy Streamlining Act”.
Determination of NEPA Adequacy Streamlining Act
A BILL
To amend the National Environmental Policy Act of 1969 to allow Federal agencies to rely on certain previously completed environmental assessments and environmental impact statements to satisfy the requirements of the National Environmental Policy Act of 1969, and for other purposes.
Sec. 2 Reliance on previously completed environmental assessments and environmental impact statements
Section 108 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336b) is amended—
in the heading by striking “Programmatic environmental document” and inserting “Programmatic Environmental Documents and Reliance on Previously Completed Environmental Documents”;
by striking “When an agency prepares” and inserting the following:
“(a) Programmatic environmental documents—When an agency prepares”
by adding at the end the following:
“(b) Reliance on Previously Completed Environmental Documents
“(1) Actions that are substantially the same—A lead agency may satisfy the requirements of this Act with respect to a new major Federal action by relying on an environmental assessment or environmental impact statement that the lead agency, another Federal agency, or a project sponsor under the supervision of a Federal agency completed for another major Federal action if the lead agency determines that—
“(A) the new major Federal action is substantially the same as the other major Federal action or an alternative analyzed in such environmental assessment or environmental impact statement; and
“(B) the effects of the new major Federal action are substantially the same as the effects analyzed in such environmental assessment or environmental impact statement.
“(2) Actions that are not substantially the same—If a new major Federal action is not substantially the same as another major Federal action or an alternative analyzed in an environmental assessment or environmental impact statement completed by the lead agency, another Federal agency, or a project sponsor under the supervision of a Federal agency, the lead agency may modify any such previously completed environmental assessment or environmental impact statement as necessary to satisfy the requirements of this Act with respect to the new major Federal action. The lead agency shall make such modified environmental assessment or environmental impact statement publicly available as a new environmental assessment or environmental impact statement.”