#aahth ,,congress #ast ,session ,s4 #bbbh ,,an ,,act ,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 ,title ,,xcix of division ,h of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7#ae ,u4,s4,c4 #dfea et seq47 is amended-- 7#a7 in section #iijb 7#ae ,u4,s4,c4 #dfeb7-- 7,a7 by redesignating subsections 7h7 and 7i7 as subsections 7i7 and 7j71 respectively2 and 7,b7 by inserting after subsection 7g7 the following3 7h7 ,authority relating to environmental review 7#a7 ,in general ,notwithstanding any other provision of law1 the provision by the ,secretary of ,federal financial assistance for a project described in this section that satisfies the requirements under subsection 7a77#b77;,c77i7 of this section shall not be considered to be a major ,federal action under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 7referred to in this subsection as ,,nepa7 or an undertaking for the purposes of division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code1 if-- 7,a7 the activity described in the application for that project has commenced not later than ,december #ca1 #bjbd2 7,b7 the ,federal financial assistance provided is in the form of a loan or loan guarantee2 or 7,c7 the ,federal financial assistance provided1 excluding any loan or loan guarantee1 comprises not more than #aj percent of the total estimated cost of the project4 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 ,federal financial assistance provided under this section4 2 and 7#b7 in section #iiji 7#ae ,u4,s4,c4 #dfei71 by adding at the end the following3 7c7 ,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 ,,nepa 7#db ,u4,s4,c4 #dccf;e74 7#b7 ,option to serve as lead agency ,with respect to a covered activity that is a major ,federal action under ,,nepa1 and with respect to which the ,department of ,commerce is authorized or required by law to issue an authorization or take action for or relating to that covered activity1 the ,department of ,commerce shall have the first right to serve as the lead agency with respect to that covered activity under ,,nepa4 7d7 ,categorical exclusions 7#a7 ,establishment of categorical exclusions ,each of the following categorical exclusions is established for the ,national ,institute of ,standards and ,technology with respect to a covered activity and1 beginning on the date of enactment of this subsection1 is available for use by the ,secretary with respect to a covered activity3 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#b7 ,additional categorical exclusions ,notwithstanding any other provision of law1 each of the following shall be treated as a category of action categorically excluded from the requirements relating to environmental assessments and environmental impact statements under section #aeja4d of title #dj1 ,code of ,federal ,regulations1 or any successor regulation3 7,a7 ,the provision by the ,secretary of any ,federal financial assistance for a project described in section #iijb1 if the facility that is the subject of the project is on or adjacent to a site-- 7i7 that is owned or leased by the covered entity to which ,federal financial assistance is provided for that project2 and 7ii7 on which1 as of the date on which the ,secretary provides that ,federal financial assistance1 substantially similar construction1 expansion1 or modernization is being or has been carried out1 such that the facility would not more than double existing developed acreage or on-site supporting infrastructure4 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;b71 as in effect on the date of enactment of this subsection4 7,c7 ,any activity undertaken by the ,secretary relating to carrying out section #iijf1 as in effect on the date of enactment of this subsection4 7e7 ,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 7f7 ,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 ,passed the ,senate ,december #ad1 #bjbc4,secretary