§4336e — Title 42 The Public Health and Welfare | U.S. Code

Summary

Defines common words used when federal agencies do environmental reviews and make related decisions. It gives a plain name and a short meaning for each key term so people know what officials mean. Categorical exclusion — a group of actions that usually do not have major environmental effects. Cooperating agency — a federal, state, Tribal, or local agency chosen to help with the review. Council — the Council on Environmental Quality. Environmental assessment — a shorter study used to decide if a full review is needed. Environmental document — any of three things: an impact statement, an assessment, or a finding that no significant impact is expected. Environmental impact statement — a full, detailed written study required when an action may have big environmental effects. Finding of no significant impact — an agency decision that a full impact statement is not needed. Participating Federal agency — any federal agency taking part in the review or approval. Lead agency — the agency that proposed the action, or the one picked to lead if more than one federal agency is involved. Major Federal action — an action the agency says has major federal control or responsibility; it does not include certain non‑federal projects with little federal money or control, plain revenue‑sharing funds, loans or guarantees without federal control, some Small Business Administration loan programs, enforcement lawsuits, actions whose effects are entirely outside the U.S., or actions that the agency must carry out by law. Programmatic environmental document — an impact statement or assessment that looks at the effects of a policy, program, plan, or a set of related actions. Proposal — a planned action when an agency has a goal, is getting ready to pick how to do it, and can study the effects. Special expertise — legal duties, the agency’s mission, or related program experience.

Title 42, §4336e

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

In this subchapter:

(1)The term “categorical exclusion” means a category of actions that a Federal agency has determined normally does not significantly affect the quality of the human environment within the meaning of section 4332(2)(C) of this title.

(2)The term “cooperating agency” means any Federal, State, Tribal, or local agency that has been designated as a cooperating agency under section 4336a(a)(3) of this title.

(3)The term “Council” means the Council on Environmental Quality established in subchapter II.

(4)The term “environmental assessment” means an environmental assessment prepared under section 4336(b)(2) of this title.

(5)The term “environmental document” means an environmental impact statement, an environmental assessment, or a finding of no significant impact.

(6)The term “environmental impact statement” means a detailed written statement that is required by section 4332(2)(C) of this title.

(7)The term “finding of no significant impact” means a determination by a Federal agency that a proposed agency action does not require the issuance of an environmental impact statement.

(8)The term “participating Federal agency” means a Federal agency participating in an environmental review or authorization of an action.

(9)The term “lead agency” means, with respect to a proposed agency action—

(A)the agency that proposed such action; or

(B)if there are 2 or more involved Federal agencies with respect to such action, the agency designated under section 4336a(a)(1) of this title.

(10)(A)The term “major Federal action” means an action that the agency carrying out such action determines is subject to substantial Federal control and responsibility.

(B)The term “major Federal action” does not include—

(i)a non-Federal action—

(I)with no or minimal Federal funding; or

(II)with no or minimal Federal involvement where a Federal agency cannot control the outcome of the project;

(ii)funding assistance solely in the form of general revenue sharing funds which do not provide Federal agency compliance or enforcement responsibility over the subsequent use of such funds;

(iii)loans, loan guarantees, or other forms of financial assistance where a Federal agency does not exercise sufficient control and responsibility over the subsequent use of such financial assistance or the effect of the action;

(iv)business loan guarantees provided by the Small Business Administration pursuant to section 7(a) or (b) and 11 So in original. The word “and” probably should not appear. of the Small Business Act ( U.S.C. 636(a)),22 So in original. Probably should refer to 15 U.S.C. 636(a), (b). or title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.);

(v)bringing judicial or administrative civil or criminal enforcement actions;

(vi)extraterritorial activities or decisions, which means agency activities or decisions with effects located entirely outside of the jurisdiction of the United States; or

(vii)activities or decisions that are non-discretionary and made in accordance with the agency’s statutory authority.

(11)The term “programmatic environmental document” means an environmental impact statement or environmental assessment analyzing all or some of the environmental effects of a policy, program, plan, or group of related actions.

(12)The term “proposal” means a proposed action at a stage when an agency has a goal, is actively preparing to make a decision on one or more alternative means of accomplishing that goal, and can meaningfully evaluate its effects.

(13)The term “special expertise” means statutory responsibility, agency mission, or related program experience.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Small Business Investment Act of 1958, referred to in par. (10)(B)(iv), is Pub. L. 85–699, Aug. 21, 1958, 72 Stat. 689. Title V of the Act is classified generally to subchapter V (§ 695 et seq.) of chapter 14B of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see

Short Title

note set out under section 661 of Title 15 and Tables.

§4336e Definitions