42 U.S.C. § 4336e

Definitions

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In this subchapter:(1) Categorical exclusion

The term “categorical exclusion” 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 section 4332(2)(C) of this title.

(2) Cooperating agency

The term “cooperating agency” means any Federal, State, Tribal, or local agency that has been designated as a cooperating agency under section 4336a(a)(3) of this title.

(3) Council

The term “Council” means the Council on Environmental Quality established in subchapter II.

(4) Environmental assessment

The term “environmental assessment” means an environmental assessment prepared under section 4336(b)(2) of this title.

(5) Environmental document

The term “environmental document” means an environmental impact statement, an environmental assessment, or a finding of no significant impact.

(6) Environmental impact statement

The term “environmental impact statement” means a detailed written statement that is required by section 4332(2)(C) of this title.

(7) Finding of no significant impact

The term “finding of no significant impact” means a determination by a Federal agency that a proposed agency action does not require the issuance of an environmental impact statement.

(8) Participating Federal agency

The term “participating Federal agency” means a Federal agency participating in an environmental review or authorization of an action.

(9) Lead agencyThe 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

The term “major Federal action” means an action that the agency carrying out such action determines is subject to substantial Federal control and responsibility.

(B) ExclusionThe 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 11 So in original. The word “and” probably should not appear. of the Small Business Act ( U.S.C. 636(a)),22 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

The term “programmatic environmental document” 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.

(12) Proposal

The term “proposal” 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.

(13) Special expertise

The term “special expertise” means statutory responsibility, agency mission, or related program experience.

(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.)Editorial NotesReferences in Text

The Small Business Investment Act of 1958, referred to in par. (10)(B)(iv), is Pub. L. 85–699, Aug. 21, 1958, 72 Stat. 689. Title V of the Act is classified generally to subchapter V (§ 695 et seq.) of chapter 14B of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 661 of Title 15 and Tables.

Notes of Decisions

Cited in 5 cases (5 in the last 5 years), 2025–2026 · leading case: Appalachian Voices v. FERC, 139 F.4th 903 (D.C. Cir. 2025).

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Appalachian Voices v. FERC, 139 F.4th 903 (D.C. Cir. 2025). · cites it 2× “The Congress’s NEPA amendments reject the “cumulative” fillip, instead directing agencies to identify classes of actions that 23 “normally do not significantly affect .”

Hoffman v. United States Dep't of Treasury (D. Kan. 2025). · cites it 5× “and nonfederal actions with effects that may be major and which are potentially subject to Federal control and to non-federal actions “with no or minimal [f]ederal involvement where a [f]ederal agency cannot control the outcome of the project,” or to “forms of financial…”

Friends of the Everglades, Inc. v. Sec'y of the U.S. Dep't of Homeland Sec. (11th Cir. 2026). · cites it 3× “” 42 U.S.C. § 4336e(10)(A) (emphasis added).”

Ctr. for Biological Diversity v. Haaland (D.D.C. 2026). “” 42 U.S.C. § 4336e(11) (emphasis added). Both the APA and NEPA thus foreclose the Center’s attempt to convert multiple actions into one.”

Powder River Basin Resource Council v. Dep't of the Interior (D.D.C. 2026). “” 42 U.S.C. § 4336e(1). “If the proposed action falls into neither category, NEPA Page 5 of 21 directs the agency to prepare an EA that provides ‘sufficient evidence and analysis for determining whether to prepare an environmental impact statement or a finding of no significant…”

— 42 U.S.C. § 4336e(1) — 2 cases

Appalachian Voices v. FERC, 139 F.4th 903 (D.C. Cir. 2025). “The Congress’s NEPA amendments reject the “cumulative” fillip, instead directing agencies to identify classes of actions that 23 “normally do not significantly affect .”

— 42 U.S.C. § 4336e(10) — 1 case

— 42 U.S.C. § 4336e(10)(A) — 2 cases

Hoffman v. United States Dep't of Treasury (D. Kan. 2025). “and nonfederal actions with effects that may be major and which are potentially subject to Federal control and to non-federal actions “with no or minimal [f]ederal involvement where a [f]ederal agency cannot control the outcome of the project,” or to “forms of financial…”

Friends of the Everglades, Inc. v. Sec'y of the U.S. Dep't of Homeland Sec. (11th Cir. 2026). “” 42 U.S.C. § 4336e(10)(A) (emphasis added).”

— 42 U.S.C. § 4336e(10)(B)(i) — 1 case

Friends of the Everglades, Inc. v. Sec'y of the U.S. Dep't of Homeland Sec. (11th Cir. 2026). “” 42 U.S.C. § 4336e(10)(A) (emphasis added).”

— 42 U.S.C. § 4336e(10)(B)(i)(II) — 2 cases

Friends of the Everglades, Inc. v. Sec'y of the U.S. Dep't of Homeland Sec. (11th Cir. 2026). “” 42 U.S.C. § 4336e(10)(A) (emphasis added).”

— 42 U.S.C. § 4336e(10)(B)(iii) — 1 case

— 42 U.S.C. § 4336e(11) — 1 case

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