; (ii) the Secretary has issued that authorization; 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 judicial review is allowed. (i) Use of appropriated funds To carry out the activities under subsections (e) through (g), the Secretary 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 construction, 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 National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). .