Title 42The Public Health and WelfareRelease 119-73

§4336b Programmatic environmental document

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

Last updated Apr 6, 2026|Official source

Summary

An agency may reuse a program environmental review that was subject to court review for related actions. Within 5 years it may rely on the earlier analysis unless major new facts or significant new information about harms appear. After 5 years it must recheck the analysis and assumptions.

Full Legal Text

Title 42, §4336b

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

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 4336b

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73