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Referenced Laws
42 U.S.C. 4336b
Section 1
1. Short title This Act may be cited as the Determination of NEPA Adequacy Streamlining Act.
Section 2
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: When an agency prepares by adding at the end the following: 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— 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 the effects of the new major Federal action are substantially the same as the effects analyzed in such environmental assessment or environmental impact statement. 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. (a)Programmatic environmental documentsWhen an agency prepares; and (b)Reliance on Previously Completed Environmental Documents(1)Actions that are substantially the sameA 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 sameIf 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..