42 U.S.C. § 4370m — Definitions

In this subchapter: (1) “Agency” has the meaning in 5 U.S.C. § 551. (2) “Agency CERPO” means an agency’s chief environmental review and permitting officer designated under section 4370m–1(b)(2)(A)(iii)(I). (3) “Authorization” means a Federal agency license, permit, approval, finding, determination, or other administrative decision, and any federally required or authorized interagency consultation, needed to site, build, rebuild, or begin operating a covered project^*; if a State^* participates under section 4370m–2(c)(3)(A), it also includes a participating State agency’s action. (4) “Cooperating agency” has the meaning in 40 C.F.R. § 1508.1 or a successor rule. (5) “Council” means the Federal Permitting Improvement Steering Council.

(6) “Covered project” means a United States activity requiring Federal authorization or environmental review for infrastructure construction involving renewable or conventional energy, electricity transmission, surface transportation, aviation, ports and waterways, water resources, broadband, pipelines, manufacturing, semiconductors, artificial intelligence and machine learning, high-performance computing and advanced computer hardware or software, quantum information science and technology, data storage or management, cybersecurity, carbon capture, energy storage, or another sector approved by a Council majority, and that: (A)(i) is subject to NEPA, likely requires more than $200,000,000 total investment, and does not qualify for an abbreviated process; (ii) is covered by a programmatic plan or environmental review primarily facilitating carbon-dioxide pipelines; (iii) is subject to NEPA, sponsored by an Indian Tribe, Alaska Native Corporation, Native Hawaiian organization, Department of Hawaiian Home Lands, or Office of Hawaiian Affairs, and located on land owned or under that sponsor’s jurisdiction; or (iv) is subject to NEPA and, in the Council’s opinion, is large or complex enough to benefit from enhanced oversight and coordination, including a project likely to require authorization or review involving more than two Federal agencies or an NEPA environmental-impact statement. (B) It excludes projects subject to 23 U.S.C. § 139 or 33 U.S.C. § 2348. (C) Carbon-capture infrastructure includes facilities, technology, or systems capturing, using, or storing carbon-dioxide emissions, including direct-air capture as defined in 42 U.S.C. § 7403(g)(6)(B)(i), and carbon-dioxide pipelines.

(7) “Dashboard” means the Permitting Dashboard required by section 4370m–2(b). (8) “Environmental assessment” has the meaning in 40 C.F.R. § 1508.1 or a successor rule. (9) “Environmental document” means an environmental assessment, finding of no significant impact, notice of intent, environmental-impact statement, or record of decision, and includes supplements and documents prepared under court order. (10) “Environmental impact statement” means the detailed written statement required by NEPA section 102(2)(C). (11) “Environmental review” means agency processes for applying a categorical exclusion or preparing an environmental assessment, environmental-impact statement, or other NEPA document. (12) “Executive Director^*” means the President-appointed Executive Director under section 4370m–1(b)(1)(A). (13) “Facilitating agency” means the agency receiving the project sponsor’s initial notice under section 4370m–2(a). (14) “Inventory” means the covered-project inventory established under section 4370m–1(c)(1)(A). (15) “Lead agency” means the agency principally responsible for a covered project’s NEPA environmental review under 40 C.F.R. parts 1500–1508 or successor rules. (16) “NEPA” means the National Environmental Policy Act of 1969. (17) “Participating agency” means an agency participating in a covered project’s review or authorization under section 4370m–2. (18) “Project sponsor” means a private, public, or public-private entity seeking authorization for a covered project.