1. A public body that has entered into a memorandum of understanding or other agreement with a federal agency for the purpose of engaging with the federal agency on an action under the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., may hold a closed meeting to engage in predecisional and deliberative discussions on the subject of the memorandum or agreement. Any such discussions in a closed meeting must: (a) Occur only during the period before the federal agency publicly releases the document addressing the action under the National Environmental Policy Act and begins the corresponding public comment period; and (b) Be required by the federal agency to be kept confidential under the memorandum of understanding or other agreement. 2. If a public body holds a closed meeting pursuant to subsection 1, the public body shall not include any item in the discussions for the closed meeting other than the subject of the memorandum or agreement entered into with the federal agency.
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