,i #aahth ,,congress #ast ,session ,h4 ,r4 #dedi ,,in ,,the ,,house ,,of ,,representatives ,july #aa1 #bjbc,mrs4 ,kiggans of ,virginia 7for herself1 ,mr4 ,peters1 ,mr4 ,williams of ,new ,york1 ,mr4 ,allred1 and ,mr4 ,mc,caul7 introduced the following bill2 which was referred to the ,committee on ,science1 ,space1 and ,technology1 and in addition to the ,committees on ,energy and ,commerce1 ,armed ,services1 and ,natural ,resources1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba to clarify the scope of a major ,federal action under the ,national ,environmental ,policy ,act of #aifi with respect to certain projects relating to the production of semiconductors1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,building ,chips in ,america ,act of #bjbc4 #b4 ,semiconductor program ,section #iiji of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7#ae ,u4,s4,c4 #dfei7 is amended by adding at the end the following3 7c7 ,authority relating to environmental review 7#a7 ,in general ,notwithstanding any other provision of law1 none of the following shall be considered to be a major ,federal action under ,,nepa or an undertaking for the purposes of division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code3 7,a7 ,the provision by the ,secretary of any ,federal financial assistance for a project described in section #iijb1 if-- 7i7 the covered activity described in the application for that project has commenced before the date on which the ,secretary provides that assistance2 7ii7 the facility that is the subject of the project is on or adjacent to a site-- 7,i7 that is owned or leased by the covered entity to which ,federal financial assistance is provided for that project2 and 7,,ii7 on which substantially similar construction1 expansion1 or modernization has been carried out such that the facility would not more than double existing developed acreage or supporting infrastructure2 7iii7 the ,secretary determines1 in the sole discretion of the ,secretary1 that the laws and regulations governing environmental reviews in the ,state in which the facility that is the subject of the project is or will be located are functionally equivalent to the requirements under ,,nepa2 7iv7 the ,federal financial assistance provided is in the form of a loan or loan guarantee2 or 7v7 the ,federal financial assistance provided1 excluding any loan or loan guarantee1 comprises less than #ae percent of the total estimated cost of the project4 7,b7 ,the provision by the ,secretary of ,defense of any ,federal financial assistance relating to-- 7i7 the creation1 expansion1 or modernization of one or more facilities described in the second sentence of section #iijc7;a77#a72 or 7ii7 carrying out section #iijc7;b74 7,c7 ,any activity relating to carrying out section #iijf4 7#b7 ,savings clause ,nothing in this subsection may be construed as altering whether an activity described in subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#a7 is considered to be a major ,federal action under ,,nepa1 or an undertaking under division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code1 for a reason other than that the activity is eligible for funding provided under this title4 7d7 ,lead ,federal agency and cooperating agencies 7#a7 ,definition ,in this subsection1 the term lead agency has the meaning given the term in section #aaa of ,,nepa4 7#b7 ,option to serve as lead agency ,with respect to a covered activity that is a major ,federal action under ,,nepa1 the ,department of ,commerce shall have the first right to serve as the lead agency with respect to that covered activity under ,,nepa4 7#c7 ,cooperating agency ,the ,secretary may designate any ,federal1 ,state1 ,tribal1 or local agency as a cooperating agency with respect to a covered activity for which the ,department of ,commerce serves as the lead agency under paragraph 7#a71 if the applicable agency has-- 7,a7 the jurisdiction to issue an authorization or take action for or relating to that covered activity2 or 7,b7 special expertise with respect to that covered activity4 7#d7 ,environmental documents 7,a7 ,single document ,all authorizations relating to a covered activity shall rely on a single environmental document and joint record of decision prepared by the lead agency with respect to that covered activity for the purposes of ,,nepa4 7,b7 ,inclusion ,an environmental document and joint record of decision described in subparagraph 7,a7 shall-- 7i7 rely on any comments1 analysis1 proposals1 or documentation developed by cooperating agencies designated under paragraph 7#c72 and 7ii7 provide all authorizations necessary for the applicable covered activity as if any cooperating agency designated under paragraph 7#c7 had issued an environmental document and joint record of decision4 7e7 ,adoption of categorical exclusions 7#a7 ,establishment of categorical exclusions ,each of the following categorical exclusions is established for the ,national ,institute of ,standards and ,technology and1 beginning on the date of enactment of this subsection1 is available for use by the ,secretary3 7,a7 ,categorical exclusion #ag4jd4;d 7relating to the acquisition of machinery and equipment7 in the document entitled ,,eda ,program to ,implement the ,national ,environmental ,policy ,act of #aifi and ,other ,federal ,environmental ,mandates ,as ,required 7,directive ,no4 #ag4jb-b2 effective date ,october #ad1 #aiib74 7,b7 ,categorical exclusion ,a#i in ,appendix ,a to subpart ,d of part #ajba of title #aj1 ,code of ,federal ,regulations1 or any successor regulation4 7,c7 ,categorical exclusions ,b#a4bd1 ,b#a4ca1 ,b#b4e1 and ,b#e4a in ,appendix ,b to subpart ,d of part #ajba of title #aj1 ,code of ,federal ,regulations1 or any successor regulation4 7,d7 ,the categorical exclusions described in paragraphs 7#d7 and 7#ac7 of section #ej4ai7;b7 of title #bd1 ,code of ,federal ,regulations1 or any successor regulation4 7,e7 ,categorical exclusion 7c77#a7 in ,appendix ,b to part #fea of title #cb1 ,code of ,federal ,regulations1 or any successor regulation4 7,f7 ,categorical exclusions ,a#b4c4h and ,a#b4c4ad in ,appendix ,b to part #ihi of title #cb1 ,code of ,federal ,regulations1 or any successor regulation4 7,g7 ,any other categorical exclusion adopted by another ,federal agency that the ,secretary determines would accelerate the completion of a covered activity if the categorical exclusion were available to the ,secretary4 7#b7 ,subsequent changes ,in any ,,nepa process that is ongoing 7as of the date of enactment of this subsection71 or that occurs on or after the date of enactment of this subsection1 the ,secretary may update1 amend1 revise1 or remove any categorical exclusion established under paragraph 7#a74 7#c7 ,scope of review ,the application of any categorical exclusion established under paragraph 7#a71 as the categorical exclusion may be updated1 amended1 or revised under paragraph 7#b71 shall not be subject to evaluation for extraordinary circumstances under section #aeja4d7;b7 of title #dj1 ,code of ,federal ,regulations1 or any successor regulation4 7f7 ,incorporation of prior planning decisions 7#a7 ,definition ,in this subsection1 the term prior studies and decisions means baseline data1 planning documents1 studies1 analyses1 decisions1 and documentation that a ,federal agency has completed for a project 7or that have been completed under the laws and procedures of a ,state or ,indian ,tribe71 including for determining the reasonable range of alternatives for that project4 7#b7 ,reliance on prior studies and decisions ,in completing an environmental review under ,,nepa for a covered activity1 the ,secretary may consider and1 as appropriate1 rely on or adopt prior studies and decisions1 if the ,secretary determines that-- 7,a7 those prior studies and decisions meet the standards for an adequate statement1 assessment1 or determination under applicable procedures of the ,department of ,commerce implementing the requirements of ,,nepa2 7,b7 in the case of prior studies and decisions completed under the laws and procedures of a ,state or ,indian ,tribe1 those laws and procedures are of equal or greater rigor than those of each applicable ,federal law1 including ,,nepa1 implementing procedures of the ,department of ,commerce2 or 7,c7 if applicable1 the prior studies and decisions are informed by other analysis or documentation that would have been prepared if the prior studies and decisions were prepared by the ,secretary under ,,nepa4 7g7 ,,nepa assignment 7#a7 ,assumption of responsibility 7,a7 ,written agreement 7i7 ,in general ,subject to the other provisions of this section1 with the written agreement of the ,secretary and a ,state1 which may be in the form of a memorandum of understanding1 the ,secretary may assign1 and the ,state may assume1 the responsibilities of the ,secretary with respect to #a or more covered activities within the ,state under ,,nepa4 7ii7 ,requirements ,a written agreement between the ,secretary and a ,state under clause 7i7 shall-- 7,i7 be executed by the governor of the ,state2 7,,ii7 provide that the ,state-- 7aa7 agrees to assume all or part of the responsibilities of the ,secretary described in that clause2 7bb7 expressly consents1 on behalf of the ,state1 to accept the jurisdiction of the courts of the ,united ,states with respect to compliance with1 the discharge of1 and the enforcement of any responsibility of the ,secretary assumed by the ,state2 7cc7 certifies that there are laws of the ,state1 including regulations1 in effect that-- 7,,aa7 authorize the ,state to take the actions necessary to carry out the responsibilities being assumed by the ,state2 and 7,,bb7 are comparable to section #eeb of title #e1 ,united ,states ,code1 including by providing that any decision regarding the public availability of a document under those laws of the ,state may be reviewed by a court of competent jurisdiction2 and 7dd7 agrees to make available the financial resources necessary to carry out the responsibilities being assumed by the ,state2 7,,iii7 require the ,state to provide to the ,secretary any information that the ,secretary reasonably considers necessary to ensure that the ,state is adequately carrying out the responsibilities being assumed by the ,state2 and 7,,iv7 be renewable4 7,b7 ,additional responsibility ,if a ,state assumes responsibility under subparagraph 7,a71 the ,secretary may assign to the ,state1 and the ,state may assume1 all or part of the responsibilities of the ,secretary for environmental review1 consultation1 or other action required under any ,federal environmental law pertaining to the review or approval of a covered activity4 7,c7 ,procedural and substantive requirements ,a ,state shall assume responsibility under this subsection subject to the same procedural and substantive requirements as would apply if that responsibility were carried out by the ,secretary4 7,d7 ,federal responsibility ,any responsibility of the ,secretary not explicitly assumed by a ,state by written agreement under this subsection shall remain the responsibility of the ,secretary4 7,e7 ,no effect on authority ,nothing in this subsection preempts or interferes with any power1 jurisdiction1 responsibility1 or authority of an agency1 other than the ,department of ,commerce1 under applicable law 7including regulations7 with respect to a project4 7#b7 ,state participation ,the ,secretary may develop an application for a ,state to assume responsibility under paragraph 7#a71 at such a time and containing such information as the ,secretary determines appropriate4 7#c7 ,selection criteria ,the ,secretary may approve the application of a ,state to assume responsibility under this subsection only if-- 7,a7 the ,secretary determines that the ,state has the capability1 including financial and with respect to personnel1 to assume the responsibility2 and 7,b7 the governor of the ,state has entered into the written agreement with the ,secretary required under paragraph 7#a77;,a74 7#d7 ,limitations on agreements ,nothing in this subsection permits a ,state to assume any rulemaking authority of the ,secretary under any ,federal law4 7#e7 ,audits ,to ensure compliance by a ,state 7including compliance by the ,state with all ,federal laws for which responsibility is assumed under paragraph 7#a77;,b771 for each ,state participating in the program under this subsection1 the ,secretary shall-- 7,a7 conduct annual audits for each year of ,state participation2 7,b7 not later than #ahj days after the date on which the agreement between the ,secretary and the ,state is executed1 meet with the ,state to review implementation of the agreement and discuss plans for the first annual audit required under subparagraph 7,a72 and 7,c7 ensure that the time period for completing an audit under subparagraph 7,a71 from initiation to completion1 does not exceed #ahj days4 7#f7 ,termination 7,a7 ,termination by ,secretary ,the ,secretary may terminate the participation of any ,state in the program under this subsection1 if-- 7i7 the ,secretary determines that the ,state is not adequately carrying out the responsibilities assigned to the ,state2 7ii7 the ,secretary provides the ,state with-- 7,i7 a notification of the determination of noncompliance under clause 7i72 7,,ii7 a period of not less than #abj days to take corrective action as the ,secretary determines to be necessary to comply with the applicable agreement2 and 7,,iii7 on request of the ,governor of the ,state1 a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under clause 7i72 and 7iii7 the ,state1 after the period provided under clause 7ii71 fails to take satisfactory corrective action1 as determined by the ,secretary4 7,b7 ,termination by the ,state ,a ,state1 at any time1 may terminate the participation of the ,state in the program under this subsection by providing to the ,secretary notice not later than #ij days before the date on which that termination will take effect1 subject to such terms and conditions as the ,secretary may provide4 7h7 ,judicial review 7#a7 ,in general ,subject to paragraph 7#b71 nothing in this section shall affect whether any final ,federal agency action may be reviewed in a court of the ,united ,states or of any ,state4 7#b7 ,efficiency of claims 7,a7 ,statute of limitations ,notwithstanding any other provision of law1 and except as provided in subparagraph 7,b71 a claim arising under ,federal law seeking judicial review of ,federal financial assistance provided under this title1 or with respect to any authorization issued or denied under ,,nepa by the ,secretary for a covered activity1 shall be barred unless the claim is filed not later than #aej days after the date on which the ,secretary announces that1 as applicable-- 7i7 the ,secretary has approved the application for such ,federal financial assistance2 7ii7 the ,secretary has issued that authorization2 or 7iii7 the ,secretary has denied that authorization4 7,b7 ,exception ,subparagraph 7,a7 shall not apply if a shorter deadline than the applicable deadline under that subparagraph is specified in the ,federal law under which judicial review is allowed4 7i7 ,use of appropriated funds ,to carry out the activities under subsections 7e7 through 7g71 the ,secretary may use amounts made available to the ,secretary under section #ajb7;a77#b77;,b77ii7 of the ,,chips ,act of #bjbb 7#ae ,u4,s4,c4 #dfea note74 7j7 ,definitions ,in this section3 7#a7 ,covered activity ,the term covered activity means any activity relating to the construction1 expansion1 or modernization of a facility1 the investment in which is eligible for ,federal financial assistance under section #iijb or #iijf4 7#b7 ,,nepa ,the term ,,nepa means the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 4