42 U.S.C. § 4336b — Programmatic environmental document

When an agency prepares a programmatic environmental document for which judicial review was available, the agency may rely on the analysis included in the programmatic environmental document in a subsequent environmental document for related actions as follows: (1) Within 5 years and without additional review of the analysis in the programmatic environmental document , unless there are substantial new circumstances or information about the significance of adverse effects that bear on the analysis. (2) After 5 years, so long as the agency reevaluates the analysis in the programmatic environmental document and any underlying assumption to ensure reliance on the analysis remains valid. ( Pub. L. 91–190, title I, § 108 , as added Pub. L. 118–5, div. C, title III, § 321(b) , June 3, 2023 , 137 Stat. 43 .)

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