42 USC 4336 - Procedure for determination of level of review

U.S Code last checked for updates: May 04, 2024

§ 4336.

Procedure for determination of level of review

(a)

Threshold determinations

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)

Levels of review

(1)

Environmental impact statement

(2)

Environmental assessment

(3)

Sources of information

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.

(Pub. L. 91–190, title I, § 106, as added Pub. L. 118–5, div. C, title III, § 321(b), June 3, 2023, 137 Stat. 39.)

cite as: 42 USC 4336