rulemaking authority of the Secretary under any 
Federal law. 
‘‘(5) AUDITS.—To ensure compliance by a 
State (including compliance by the State with all 
Federal laws for which responsibility is assumed 
under paragraph (1)(B)), for each State partici-
pating in the program under this subsection, the 
Secretary shall— 
‘‘(A) conduct annual audits for each year 
of State participation; 
‘‘(B) not later than 180 days after the 
date on which the agreement between the Sec-
retary and the State is executed, meet with the 
State to review implementation of the agree-
ment and discuss plans for the first annual 
audit required under subparagraph (A); and 
‘‘(C) ensure that the time period for com-
pleting an audit under subparagraph (A), from 
initiation to completion, does not exceed 180 
days. 
‘‘(6) TERMINATION.— 
‘‘(A) TERMINATION BY SECRETARY.—The 
Secretary may terminate the participation of 
any State in the program under this subsection, 
if— 
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‘‘(i) the Secretary determines that the 
State is not adequately carrying out the re-
sponsibilities assigned to the State; 
‘‘(ii) the Secretary provides the State 
with— 
‘‘(I) a notification of the deter-
mination 
of 
noncompliance 
under 
clause (i); 
‘‘(II) a period of not less than 
120 days to take corrective action as 
the Secretary determines to be nec-
essary to comply with the applicable 
agreement; and 
‘‘(III) on request of the Governor 
of the State, a detailed description of 
each responsibility in need of correc-
tive action regarding an inadequacy 
identified under clause (i); and 
‘‘(iii) the State, after the period pro-
vided under clause (ii), fails to take satis-
factory corrective action, as determined by 
the Secretary. 
‘‘(B) TERMINATION
BY
THE
STATE.—A 
State, at any time, may terminate the participa-
tion of the State in the program under this sub-
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section by providing to the Secretary notice not 
later than 90 days before the date on which 
that termination will take effect, subject to such 
terms and conditions as the Secretary may pro-
vide. 
‘‘(h) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
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 State. 
‘‘(2) EFFICIENCY OF CLAIMS.— 
‘‘(A) STATUTE
OF
LIMITATIONS.—Not-
withstanding any other provision of law, and ex-
cept as provided in subparagraph (B), a claim 
arising under Federal law seeking judicial re-
view of Federal financial assistance provided 
under this title, or with respect to any author-
ization issued or denied under NEPA by the 
Secretary for a covered activity, shall be barred 
unless the claim is filed not later than 150 days 
after the date on which the Secretary an-
nounces that, as applicable— 
‘‘(i) the Secretary has approved the 
application for such Federal financial as-
sistance; 
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‘‘(ii) the Secretary has issued that au-
thorization; or 
‘‘(iii) the Secretary has denied that 
authorization. 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
shall not apply if a shorter deadline than the 
applicable deadline under that subparagraph is 
specified in the Federal law under which judi-
cial review is allowed. 
‘‘(i) USE OF APPROPRIATED FUNDS.—To carry out 
the activities under subsections (e) through (g), the Sec-
retary may use amounts made available to the Secretary 
under section 102(a)(2)(B)(ii) of the CHIPS Act of 2022 
(15 U.S.C. 4651 note). 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) COVERED ACTIVITY.—The term ‘covered 
activity’ means any activity relating to the construc-
tion, expansion, or modernization of a facility, the 
investment in which is eligible for Federal financial 
assistance under section 9902 or 9906. 
‘‘(2) NEPA.—The term ‘NEPA’ means the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.).’’. 
Æ 
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