; and (B) in an area directly affected by the proposed agency action such that an individual of ordinary prudence would take such occurrence into account in reaching a decision. (14) Special expertise The term special expertise means statutory responsibility, agency mission, or related program experience. . 203. Codification of National Environmental Policy Act Regulations The revisions to the Code of Federal Regulations made pursuant to the final rule of the Council on Environmental Quality titled “Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act” and published on July 16, 2020 (85 Fed. Reg. 43304), shall have the same force and effect of law as if enacted by an Act of Congress. 204. Non-major Federal actions (a) Exemption An action by the Secretary concerned with respect to a covered activity shall be not considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (b) Covered activity In this section, the term covered activity includes— (1) geotechnical investigations; (2) off-road travel in an existing right-of-way; (3) construction of meteorological towers where the total surface disturbance at the location is less than 5 acres; (4) adding a battery or other energy storage device to an existing or planned energy facility, if that storage resource is located within the physical footprint of the existing or planned energy facility; (5) drilling temperature gradient wells and other geothermal exploratory wells, including construction or making improvements for such activities, where— (A) the last cemented casing string is less than 12 inches in diameter; and (B) the total unreclaimed surface disturbance at any one time within the project area is less than 5 acres