H.R. 9945

Lowering Energy Costs through Grid Modernization Act

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Sec. 5. NEPA review

(a) In general. The issuance of a Federal permit or other Federal approval authorizing a covered project is deemed to be a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless the Secretary or other relevant agency head determines that extraordinary circumstances (as defined by regulations issued by such Secretary or other relevant agency head, respectively) apply to the covered project.

(b) Covered project defined. In this section, the term covered project means a right-of-way optimization project, or reconductoring project, that—

(1) is in accordance with the integral elements listed at the start of appendix B to part 1021 of title 10, Code of Federal Regulations;

(2) incorporates the design and construction standards, control technologies, and best management practices that the Secretary or other relevant agency head determines to be appropriate; and

(3) may involve widening an existing right-of-way to meet current electrical standards if the widening remains within previously disturbed or developed lands and only extends into a small area beyond such lands as needed to comply with applicable electrical standards.