{"identifier":"/us/usc/t42/s4336e","title":42,"num":"\u00a7\u202f4336e.","heading":"Definitions","text":"\u00a7\u202f4336e.\nDefinitions\nIn this subchapter:\n(1)\nCategorical exclusion\nThe term \u201ccategorical exclusion\u201d 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\nsection 4332(2)(C) of this title\n(2)\nCooperating agency\nThe term \u201ccooperating agency\u201d means any Federal, State, Tribal, or local agency that has been designated as a cooperating agency under\nsection 4336a(a)(3) of this title\n(3)\nCouncil\nThe term \u201cCouncil\u201d means the Council on Environmental Quality established in subchapter II.\n(4)\nEnvironmental assessment\nThe term \u201cenvironmental assessment\u201d means an environmental assessment prepared under\nsection 4336(b)(2) of this title\n(5)\nEnvironmental document\nThe term \u201cenvironmental document\u201d means an environmental impact statement, an environmental assessment, or a finding of no significant impact.\n(6)\nEnvironmental impact statement\nThe term \u201cenvironmental impact statement\u201d means a detailed written statement that is required by\nsection 4332(2)(C) of this title\n(7)\nFinding of no significant impact\nThe term \u201cfinding of no significant impact\u201d means a determination by a Federal agency that a proposed agency action does not require the issuance of an environmental impact statement.\n(8)\nParticipating Federal agency\nThe term \u201cparticipating Federal agency\u201d means a Federal agency participating in an environmental review or authorization of an action.\n(9)\nLead agency\nThe term \u201clead agency\u201d means, with respect to a proposed agency action\u2014\n(A) the agency that proposed such action; or\n(B) if there are 2 or more involved Federal agencies with respect to such action, the agency designated under\nsection 4336a(a)(1) of this title\n(10)\nMajor Federal action\n(A)\nIn general\nThe term \u201cmajor Federal action\u201d means an action that the agency carrying out such action determines is subject to substantial Federal control and responsibility.\n(B)\nExclusion\nThe term \u201cmajor Federal action\u201d does not include\u2014\n(i) a non-Federal action\u2014\n(I) with no or minimal Federal funding; or\n(II) with no or minimal Federal involvement where a Federal agency cannot control the outcome of the project;\n(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;\n(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;\n(iv) business loan guarantees provided by the Small Business Administration pursuant to section 7(a) or (b) and\n1\n1 So in original. The word \u201cand\u201d probably should not appear.\n2\n2 So in original. Probably should refer to\n15 U.S.C. 636(a)\n, (b).\n15 U.S.C. 695\n(v) bringing judicial or administrative civil or criminal enforcement actions;\n(vi) extraterritorial activities or decisions, which means agency activities or decisions with effects located entirely outside of the jurisdiction of the United States; or\n(vii) activities or decisions that are non-discretionary and made in accordance with the agency\u2019s statutory authority.\n(11)\nProgrammatic environmental document\nThe term \u201cprogrammatic environmental document\u201d 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.\n(12)\nProposal\nThe term \u201cproposal\u201d 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.\n(13)\nSpecial expertise\nThe term \u201cspecial expertise\u201d means statutory responsibility, agency mission, or related program experience.","url":"https://projectusc.org/usc/t42/s4336e.html","content":[{"t":"sec","id":"/us/usc/t42/s4336e","children":[{"t":"num","text":"\u00a7\u202f4336e."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this subchapter:"},{"t":"para","id":"/us/usc/t42/s4336e/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Categorical exclusion"},{"t":"content","children":[{"t":"p","text":"The term \u201ccategorical exclusion\u201d 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 ","children":[{"t":"ref","text":"section 4332(2)(C) of this title","href":"/us/usc/t42/s4332/2/C","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s4336e/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Cooperating agency"},{"t":"content","children":[{"t":"p","text":"The term \u201ccooperating agency\u201d means any Federal, State, Tribal, or local agency that has been designated as a cooperating agency under ","children":[{"t":"ref","text":"section 4336a(a)(3) of this title","href":"/us/usc/t42/s4336a/a/3","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s4336e/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Council"},{"t":"content","children":[{"t":"p","text":"The term \u201cCouncil\u201d means the Council on Environmental Quality established in subchapter II.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s4336e/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Environmental assessment"},{"t":"content","children":[{"t":"p","text":"The term \u201cenvironmental assessment\u201d means an environmental assessment prepared under ","children":[{"t":"ref","text":"section 4336(b)(2) of this title","href":"/us/usc/t42/s4336/b/2","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s4336e/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Environmental document"},{"t":"content","children":[{"t":"p","text":"The term \u201cenvironmental document\u201d means an environmental impact statement, an environmental assessment, or a finding of no significant impact.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s4336e/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Environmental impact statement"},{"t":"content","children":[{"t":"p","text":"The term \u201cenvironmental impact statement\u201d means a detailed written statement that is required by ","children":[{"t":"ref","text":"section 4332(2)(C) of this title","href":"/us/usc/t42/s4332/2/C","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s4336e/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Finding of no significant impact"},{"t":"content","children":[{"t":"p","text":"The term \u201cfinding of no significant impact\u201d means a determination by a Federal agency that a proposed agency action does not require the issuance of an environmental impact statement.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s4336e/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Participating Federal agency"},{"t":"content","children":[{"t":"p","text":"The term \u201cparticipating Federal agency\u201d means a Federal agency participating in an environmental review or authorization of an action.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s4336e/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Lead agency"},{"t":"chapeau","text":"The term \u201clead agency\u201d means, with respect to a proposed agency action\u2014"},{"t":"subpara","id":"/us/usc/t42/s4336e/9/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the agency that proposed such action; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s4336e/9/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" if there are 2 or more involved Federal agencies with respect to such action, the agency designated under ","children":[{"t":"ref","text":"section 4336a(a)(1) of this title","href":"/us/usc/t42/s4336a/a/1","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s4336e/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Major Federal action"},{"t":"subpara","id":"/us/usc/t42/s4336e/10/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The term \u201cmajor Federal action\u201d means an action that the agency carrying out such action determines is subject to substantial Federal control and responsibility.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s4336e/10/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Exclusion"},{"t":"chapeau","text":"The term \u201cmajor Federal action\u201d does not include\u2014"},{"t":"clause","id":"/us/usc/t42/s4336e/10/B/i","children":[{"t":"num","text":"(i)"},{"t":"chapeau","text":" a non-Federal action\u2014"},{"t":"subclause","id":"/us/usc/t42/s4336e/10/B/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" with no or minimal Federal funding; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s4336e/10/B/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" with no or minimal Federal involvement where a Federal agency cannot control the outcome of the project;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s4336e/10/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s4336e/10/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s4336e/10/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" business loan guarantees provided by the Small Business Administration pursuant to section 7(a) or (b) and\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. The word \u201cand\u201d probably should not appear."},{"t":"text","text":"\u202fSo in original. The word \u201cand\u201d probably should not appear.","tail":" of the Small Business Act ( U.S.C. 636(a)),"},{"t":"ref","text":"2"},{"t":"num","text":"2","tail":"\u202fSo in original. Probably should refer to "},{"t":"text","text":"\u202fSo in original. Probably should refer to "},{"t":"ref","text":"15 U.S.C. 636(a)","href":"/us/usc/t15/s636/a","tail":", (b)."},{"t":"text","text":", (b).","tail":" or title V of the Small Business Investment Act of 1958 ("},{"t":"ref","text":"15 U.S.C. 695","href":"/us/usc/t15/s695","tail":" et seq.);"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s4336e/10/B/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" bringing judicial or administrative civil or criminal enforcement actions;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s4336e/10/B/vi","children":[{"t":"num","text":"(vi)"},{"t":"content","text":" extraterritorial activities or decisions, which means agency activities or decisions with effects located entirely outside of the jurisdiction of the United States; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s4336e/10/B/vii","children":[{"t":"num","text":"(vii)"},{"t":"content","text":" activities or decisions that are non-discretionary and made in accordance with the agency\u2019s statutory authority.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s4336e/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Programmatic environmental document"},{"t":"content","children":[{"t":"p","text":"The term \u201cprogrammatic environmental document\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s4336e/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"Proposal"},{"t":"content","children":[{"t":"p","text":"The term \u201cproposal\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s4336e/13","children":[{"t":"num","text":"(13)"},{"t":"heading","text":"Special expertise"},{"t":"content","children":[{"t":"p","text":"The term \u201cspecial expertise\u201d means statutory responsibility, agency mission, or related program experience.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}