Title 42 — The Public Health and WelfareRelease 119-73

§4336 Procedure for determination of level of review

Title 42 › Chapter CHAPTER 55— - NATIONAL ENVIRONMENTAL POLICY › Subchapter SUBCHAPTER I— - POLICIES AND GOALS › § 4336

Last updated Apr 6, 2026|Official source

Summary

An agency does not have to prepare an environmental review if one of four things is true: the action is not a final agency action under federal administrative law, it fits a categorical exclusion (including another agency’s consistent exclusion) or another law, preparing the review would clearly conflict with another law, or the action is nondiscretionary and the agency cannot consider environmental factors. If a proposed action will likely have a significant effect on the human environment, the agency must prepare an environmental impact statement. If it will not, or it’s unclear, the agency must prepare a short environmental assessment unless the action is excluded. An environmental assessment is a brief public paper explaining why no significant impact is expected or why a full impact statement is needed. Agencies may use reliable existing data and need not do new research unless that research is essential and not unreasonably costly or time-consuming.

Full Legal Text

Title 42, §4336

The Public Health and Welfare — Source: USLM XML via OLRC

(a)An agency is not required to prepare an environmental document with respect to a proposed agency action if—

(1)the proposed agency action is not a final agency action within the meaning of such term in chapter 5 of title 5;

(2)the proposed agency action is excluded pursuant to one of the agency’s categorical exclusions, another agency’s categorical exclusions consistent with section 4336c of this title, or another provision of law;

(3)the preparation of such document would clearly and fundamentally conflict with the requirements of another provision of law; or

(4)the proposed agency action is a nondiscretionary action with respect to which such agency does not have authority to take environmental factors into consideration in determining whether to take the proposed action.

(b)(1)An agency shall issue an environmental impact statement with respect to a proposed agency action requiring an environmental document that has a reasonably foreseeable significant effect on the quality of the human environment.

(2)An agency shall prepare an environmental assessment with respect to a proposed agency action that does not have a reasonably foreseeable significant effect on the quality of the human environment, or if the significance of such effect is unknown, unless the agency finds that the proposed agency action is excluded pursuant to one of the agency’s categorical exclusions, another agency’s categorical exclusions consistent with section 4336c of this title, or another provision of law. Such environmental assessment shall be a concise public document prepared by a Federal agency to set forth the basis of such agency’s finding of no significant impact or determination that an environmental impact statement is necessary.

(3)In making a determination under this subsection, an agency—

(A)may make use of any reliable data source; and

(B)is not required to undertake new scientific or technical research unless the new scientific or technical research is essential to a reasoned choice among alternatives, and the overall costs and time frame of obtaining it are not unreasonable.

Reference

Citations & Metadata

Citation

42 U.S.C. § 4336

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73