42 USC 4336e - Definitions

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

§ 4336e.

Definitions

In this subchapter:

(1)

Categorical exclusion

(2)

Cooperating agency

(3)

Council

(4)

Environmental assessment

(5)

Environmental document

(6)

Environmental impact statement

(7)

Finding of no significant impact

(8)

Participating Federal agency

(9)

Lead agency

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)

Major Federal action

(A)

In general

(B)

Exclusion

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 1

 So in original. The word “and” probably should not appear.

of the Small Business Act ( U.S.C. 636(a)),2

 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)

Programmatic environmental document

(12)

Proposal

(13)

Special expertise

(Pub. L. 91–190, title I, § 111, as added Pub. L. 118–5, div. C, title III, § 321(b), June 3, 2023, 137 Stat. 44.)

cite as: 42 USC 4336e