covered project

(6) Covered project (A) In general The term “covered project” means any activity in the United States that requires authorization or environmental review by a Federal agency involving construction of infrastructure for renewable or conventional energy production, electricity transmission, surface transportation, aviation, ports and waterways, water resource projects, broadband, pipelines, manufacturing, semiconductors, artificial intelligence and machine learning, high-performance computing and advanced computer hardware and software, quantum information science and technology, data storage and data management, cybersecurity, carbon capture, energy storage, or any other sector as determined by a majority vote of the Council that— (i) (I) is subject to NEPA; (II) is likely to require a total investment of more than $200,000,000; and (III) does not qualify for abbreviated authorization or environmental review processes under any applicable law; (ii) is covered by a programmatic plan or environmental review developed for the primary purpose of facilitating development of carbon dioxide pipelines; (iii) is— (I) subject to NEPA; (II) sponsored by an Indian Tribe (as defined in section 5304 of title 25 ), an Alaska Native Corporation, a Native Hawaiian organization (as defined in section 7517 of title 20 ), the Department of Hawaiian Home Lands, or the Office of Hawaiian Affairs; and (III) located on land owned or under the jurisdiction of the entity that sponsors the activity under subclause (II); or (iv) is subject to NEPA and the size and complexity of which, in the opinion of the Council, make the project likely to benefit from enhanced oversight and coordination, including a project likely to require— (I) authorization from or environmental review involving more than 2 Federal agencies; or (II) the preparation of an environmental impact statement under NEPA. (B) Exclusion The term “covered project” does not include— (i) any project subject to section 139 of title 23 ; or (ii) any project subject to section 2348 of title 33 . (C) Inclusion For purposes of subparagraph (A), construction of infrastructure for carbon capture includes construction of— (i) any facility, technology, or system that captures, utilizes, or sequesters carbon dioxide emissions, including projects for direct air capture (as defined in paragraph (6)(B)(i) of section 7403(g) of this title ); and (ii) carbon dioxide pipelines.


42 USC § 4370m(6)

Scoping language

In this subchapter
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