16 U.S.C. § 6236: Ministerial issuance, or…

Summary

Routine issuing or changing of a special permit for an organizational camp does not have to go through the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.) review. That exception only applies if the change will not alter the land, buildings, activities, or program of the camp, and at least one of these is true: the permit moves to a new holder; the holder gets a new permit when the old one expires; or the change is only administrative (for example, fees or form changes) or adds required environmental rules or updates to follow current law.

Title 16, §6236

Conservation, Source: USLM XML via OLRC

(a)NEPA exception

The ministerial issuance or amendment of an organizational camp special use authorization shall not be subject to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(b)Rule of construction

For purposes of subsection (a), the ministerial issuance or amendment of an authorization occurs only when the issuance or amendment of the authorization would not change the physical environment or the activities, facilities, or program of the operations governed by the authorization, and at least one of the following apply:

(1)The authorization is issued upon a change in control of the holder of an existing authorization.

(2)The holder, upon expiration of an authorization, is issued a new authorization.

(3)The authorization is amended—

(A)to effectuate administrative changes, such as modification of the land use fee or conversion to a new special use authorization form; or

(B)to include nondiscretionary environmental standards or to conform with current law.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 4321 of Title 42 and Tables.

§6236 Ministerial Issuance, or Amendment Authorization