Title 42 — The Public Health and WelfareRelease 119-73

§4336f Project sponsor opt-in fees for environmental reviews

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

Last updated Apr 6, 2026|Official source

Summary

If a project sponsor plans to pay for the preparation or supervision of an environmental assessment (EA) or environmental impact statement (EIS), the sponsor must send the Council a short description of the project and a statement saying whether the sponsor intends to prepare the EA or EIS itself under section 4336a(f). The Council has 15 days after getting that information to tell the sponsor how much the fee will be. The sponsor can pay after getting that notice. An EA paid for this way must be finished within 180 days after the fee is paid. An EIS paid for this way must be finished within 1 year after the notice of intent is published. The fee equals 125 percent of the expected cost to prepare the EA or EIS, or, if the sponsor will prepare or partly prepare it, 125 percent of the expected cost to supervise and/or prepare it.

Full Legal Text

Title 42, §4336f

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

(a)(1)A project sponsor that intends to pay a fee under this section for the preparation, or supervision of the preparation, of an environmental assessment or environmental impact statement for a project shall submit to the Council—

(A)a description of the project; and

(B)a declaration of whether the project sponsor intends to prepare the environmental assessment or environmental impact statement under section 4336a(f) of this title.

(2)Not later than 15 days after the date on which the Council receives information described in paragraph (1) from a project sponsor, the Council shall provide to the project sponsor notice of the amount of the fee to be paid under this section, as determined under subsection (b).

(3)A project sponsor may pay a fee under this section after receipt of the notice described in paragraph (2).

(4)Notwithstanding section 4336a(g)(1) of this title—

(A)an environmental assessment for which a fee is paid under this section shall be completed not later than 180 days after the date on which the fee is paid; and

(B)an environmental impact statement for which a fee is paid under this section shall be completed not later than 1 year after the date of publication of the notice of intent to prepare the environmental impact statement.

(b)The amount of a fee under this section shall be—

(1)125 percent of the anticipated costs to prepare the environmental assessment or environmental impact statement; and

(2)in the case of an environmental assessment or environmental impact statement to be prepared in whole or in part by a project sponsor under section 4336a(f) of this title, 125 percent of the anticipated costs to supervise preparation of, and, as applicable, prepare, the environmental assessment or environmental impact statement.

Reference

Citations & Metadata

Citation

42 U.S.C. § 4336f

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73