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‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to create a right of judicial review 
or place any limit on filing a claim with respect to the 
violation of the terms of a permit, license, or approval. 
‘‘(e) REMAND.—Notwithstanding any other provision 
of law, no proposed agency action for which an environ-
mental document is required shall be vacated or otherwise 
limited, delayed, or enjoined unless a court concludes al-
lowing such proposed action will pose a risk of an immi-
nent and substantial environmental harm and there is no 
other equitable remedy available as a matter of law. 
‘‘SEC. 109. DEFINITIONS. 
‘‘In this title: 
‘‘(1) CATEGORICAL
EXCLUSION.—The term 
‘categorical exclusion’ means a category of actions 
that a Federal agency has determined normally does 
not significantly affect the quality of the human en-
vironment within the meaning of section 102(2)(C). 
‘‘(2) COOPERATING
AGENCY.—The term ‘co-
operating agency’ means any Federal, State, Tribal, 
or local agency that has been designated as a co-
operating agency under section 107(a)(3). 
‘‘(3) COUNCIL.—The term ‘Council’ means the 
Council on Environmental Quality established in 
title II. 
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‘‘(4) 
ENVIRONMENTAL
ASSESSMENT.—The 
term ‘environmental assessment’ means an environ-
mental 
assessment 
prepared 
under 
section 
106(b)(2). 
‘‘(5) ENVIRONMENTAL DOCUMENT.—The term 
‘environmental document’ means an environmental 
impact statement, an environmental assessment, or 
a finding of no significant impact. 
‘‘(6) ENVIRONMENTAL IMPACT STATEMENT.— 
The term ‘environmental impact statement’ means a 
detailed written statement that is required by section 
102(2)(C). 
‘‘(7) FINDING OF NO SIGNIFICANT IMPACT.— 
The term ‘finding of no significant impact’ means a 
determination by a Federal agency that a proposed 
agency action does not require the issuance of an en-
vironmental impact statement. 
‘‘(8) INVOLVED FEDERAL AGENCY.—The term 
‘involved Federal agency’ means an agency that, 
with respect to a proposed agency action— 
‘‘(A) proposed such action; or 
‘‘(B) is involved in such action because 
such action is directly related, through func-
tional interdependence or geographic proximity, 
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to an action such agency has taken or has pro-
posed to take. 
‘‘(9) LEAD AGENCY.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘lead agency’ 
means, with respect to a proposed agency ac-
tion— 
‘‘(i) the agency that proposed such ac-
tion; or 
‘‘(ii) if there are 2 or more involved 
Federal agencies with respect to such ac-
tion, the agency designated under section 
107(a)(1). 
‘‘(B) SPECIFICATION
FOR
MINERAL
EX-
PLORATION OR MINE PERMITS.—With respect 
to a proposed mineral exploration or mine per-
mit, the term ‘lead agency’ has the meaning 
given such term in section 40206(a) of the In-
frastructure Investment and Jobs Act. 
‘‘(10) MAJOR FEDERAL ACTION.— 
‘‘(A) IN GENERAL.—The term ‘major Fed-
eral action’ means an action that the agency 
carrying out such action determines is subject 
to substantial Federal control and responsi-
bility. 
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‘‘(B) EXCLUSION.—The term ‘major Fed-
eral action’ does not include— 
‘‘(i) a non-Federal action— 
‘‘(I) with no or minimal Federal 
funding; 
‘‘(II) with no or minimal Federal 
involvement where a Federal agency 
cannot control the outcome of the 
project; or 
‘‘(III) that does not include Fed-
eral land; 
‘‘(ii) funding assistance solely in the 
form of general revenue sharing funds 
which do not provide Federal agency com-
pliance or enforcement responsibility over 
the subsequent use of such funds; 
‘‘(iii) loans, loan guarantees, or other 
forms of financial assistance where a Fed-
eral agency does not exercise sufficient 
control and responsibility over the effect of 
the action; 
‘‘(iv) farm ownership and operating 
loan guarantees by the Farm Service 
Agency pursuant to sections 305 and 311 
through 319 of the Consolidated Farmers 
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Home Administration Act of 1961 (7 
U.S.C. 1925 and 1941 through 1949); 
‘‘(v) business loan guarantees pro-
vided by the Small Business Administra-
tion pursuant to section 7(a) or (b) and of 
the Small Business Act (15 U.S.C. 
636(a)), or title V of the Small Business 
Investment Act of 1958 (15 U.S.C. 695 et 
seq.); 
‘‘(vi) bringing judicial or administra-
tive civil or criminal enforcement actions; 
or 
‘‘(vii) extraterritorial activities or deci-
sions, which means agency activities or de-
cisions with effects located entirely outside 
of the jurisdiction of the United States. 
‘‘(C) ADDITIONAL EXCLUSIONS.—An agen-
cy action may not be determined to be a major 
Federal action on the basis of— 
‘‘(i) an interstate effect of the action 
or related project; or 
‘‘(ii) the provision of Federal funds 
for the action or related project. 
‘‘(11) MINERAL EXPLORATION OR MINE PER-
MIT.—The term ‘mineral exploration or mine permit’ 
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has the meaning given such term in section 
40206(a) of the Infrastructure Investment and Jobs 
Act. 
‘‘(12) PROPOSAL.—The term ‘proposal’ means 
a proposed action at a stage when an agency has a 
goal, is actively preparing to make a decision on one 
or more alternative means of accomplishing that 
goal, and can meaningfully evaluate its effects. 
‘‘(13) REASONABLY FORESEEABLE.—The term 
‘reasonably foreseeable’ means likely to occur— 
‘‘(A) not later than 10 years after the lead 
agency begins preparing the environmental doc-
ument; and 
‘‘(B) in an area directly affected by the 
proposed agency action such that an individual 
of ordinary prudence would take such occur-
rence into account in reaching a decision. 
‘‘(14) SPECIAL EXPERTISE.—The term ‘special 
expertise’ means statutory responsibility, agency 
mission, or related program experience.’’. 
SEC. 20203. CODIFICATION OF NATIONAL ENVIRONMENTAL 
POLICY ACT REGULATIONS. 
The revisions to the Code of Federal Regulations 
made pursuant to the final rule of the Council on Environ-
mental Quality titled ‘‘Update to the Regulations Imple-
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menting the Procedural Provisions of the National Envi-
ronmental Policy Act’’ and published on July 16, 2020 
(85 Fed. Reg. 43304), shall have the same force and effect 
of law as if enacted by an Act of Congress. 
SEC. 20204. NON-MAJOR FEDERAL ACTIONS. 
(a) EXEMPTION.—An action by the Secretary con-
cerned with respect to a covered activity shall be not con-
sidered a major Federal action under section 102(2)(C) 
of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)(C)). 
(b) COVERED ACTIVITY.—In this section, the term 
‘‘covered activity’’ includes— 
(1) geotechnical investigations; 
(2) off-road travel in an existing right-of-way; 
(3) construction of meteorological towers where 
the total surface disturbance at the location is less 
than 5 acres; 
(4) adding a battery or other energy storage de-
vice to an existing or planned energy facility, if that 
storage resource is located within the physical foot-
print of the existing or planned energy facility; 
(5) drilling temperature gradient wells and 
other geothermal exploratory wells, including con-
struction or making improvements for such activi-
ties, where— 
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(A) the last cemented casing string is less 
than 12 inches in diameter; and 
(B) the total unreclaimed surface disturb-
ance at any one time within the project area is 
less than 5 acres; 
(6) any repair, maintenance, upgrade, optimiza-
tion, or minor addition to existing transmission and 
distribution infrastructure, including— 
(A) operation, maintenance, or repair of 
power equipment and structures within existing 
substations, switching stations, transmission, 
and distribution lines; 
(B) the addition, modification, retirement, 
or replacement of breakers, transmission tow-
ers, transformers, bushings, or relays; 
(C) the voltage uprating, modification, 
reconductoring with conventional or advanced 
conductors, and clearance resolution of trans-
mission lines; 
(D) activities to minimize fire risk, includ-
ing vegetation management, routine fire mitiga-
tion, inspection, and maintenance activities, and 
removal of hazard trees and other hazard vege-
tation within or adjacent to an existing right-of- 
way; 
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(E) improvements to or construction of 
structure pads for such infrastructure; and 
(F) access and access route maintenance 
and repairs associated with any activity de-
scribed in subparagraph (A) through (E); 
(7) approval of and activities conducted in ac-
cordance with operating plans or agreements for 
transmission and distribution facilities or under a 
special use authorization for an electric transmission 
and distribution facility right-of-way; and 
(8) construction, maintenance, realignment, or 
repair of an existing permanent or temporary access 
road— 
(A) within an existing right-of-way or with-
in a transmission or utility corridor established 
by Congress or in a land use plan; 
(B) that serves an existing transmission 
line, distribution line, or energy facility; or 
(C) activities conducted in accordance with 
existing onshore oil and gas leases. 
SEC. 20205. NO NET LOSS DETERMINATION FOR EXISTING 
RIGHTS-OF-WAY. 
(a) IN GENERAL.—Upon a determination by the Sec-
retary concerned that there will be no overall long-term 
net loss of vegetation, soil, or habitat, as defined by acre-
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age and function, resulting from a proposed action, deci-
sion, or activity within an existing right-of-way, within a 
right-of-way corridor established in a land use plan, or in 
an otherwise designated right-of-way, that action, deci-
sion, or activity shall not be considered a major Federal 
action under section 102(2)(C) of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 
(b) INCLUSION OF REMEDIATION.—In making a de-
termination under subsection (a), the Secretary concerned 
shall consider the effect of any remediation work to be 
conducted during the lifetime of the action, decision, or 
activity when determining whether there will be any over-
all long-term net loss of vegetation, soil, or habitat. 
SEC. 20206. DETERMINATION OF NATIONAL ENVIRON-
MENTAL POLICY ACT ADEQUACY. 
The Secretary concerned shall use previously com-
pleted environmental assessments and environmental im-
pact statements to satisfy the requirements of section 102 
of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332) with respect to any major Federal action, 
if such Secretary determines that— 
(1) the new proposed action is substantially the 
same as a previously analyzed proposed action or al-
ternative analyzed in a previous environmental as-
sessment or environmental impact statement; and 
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(2) the effects of the proposed action are sub-
stantially the same as the effects analyzed in such 
existing environmental assessments or environmental 
impact statements. 
SEC. 20207. DETERMINATION REGARDING RIGHTS-OF-WAY. 
Not later than 60 days after the Secretary concerned 
receives an application to grant a right-of-way, the Sec-
retary concerned shall notify the applicant as to whether 
the application is complete or deficient. If the Secretary 
concerned determines the application is complete, the Sec-
retary concerned may not consider any other application 
to grant a right-of-way on the same or any overlapping 
parcels of land while such application is pending. 
SEC. 20208. TERMS OF RIGHTS-OF-WAY. 
(a) FIFTY-YEAR TERMS FOR RIGHTS-OF-WAY.— 
(1) IN GENERAL.—Any right-of-way for pipe-
lines for the transportation or distribution of oil or 
gas granted, issued, amended, or renewed under 
Federal law may be limited to a term of not more 
than 50 years before such right-of-way is subject to 
renewal or amendment. 
(2) FEDERAL LAND POLICY AND MANAGEMENT 
ACT OF 1976.—Section 501 of the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C. 1761) 
is amended by adding at the end the following: 
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