[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Page S5489]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5999. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle G of title X, add the following:

     SEC. 10__. CATEGORICAL EXCLUSIONS IN ENVIRONMENTAL REVIEWS.

       (a) Definitions.--In this section:
       (1) Environmental assessment.--The term ``environmental 
     assessment'' has the meaning given the term in section 1508.1 
     of title 40, Code of Federal Regulations (or a successor 
     regulation).
       (2) Environmental impact statement.--The term 
     ``environmental impact statement'' means a detailed statement 
     required under section 102(2)(C) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
       (3) Proposed action.--The term ``proposed action'' means an 
     action (within the meaning of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.)) proposed to be 
     carried out by the Secretary under this Act.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.
       (b) Categorical Exclusions.--
       (1) In general.--Notwithstanding any other provision of law 
     and subject to paragraph (2), the Secretary may, with respect 
     to a proposed action and without further approval, use a 
     categorical exclusion under title I of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) 
     that has been approved by--
       (A)(i) another Federal agency; and
       (ii) the Council on Environmental Quality; or
       (B) an Act of Congress.
       (2) Requirements.--The Secretary may use a categorical 
     exclusion described in paragraph (1) if the Secretary--
       (A) carefully reviews the description of the proposed 
     action to ensure that it fits within the category of actions 
     described in the categorical exclusion; and
       (B) considers the circumstances associated with the 
     proposed action to ensure that there are no extraordinary 
     circumstances that warrant the preparation of an 
     environmental assessment or an environmental impact 
     statement.
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