---
kind: "range"
citation: "42 U.S.C. §§ 4321–4347"
title: "42"
from: "4321"
to: "4347"
count: 23
release: "119-102"
url: "https://uscodex.org/usc/42/4321..4347"
---

# §4321. Congressional declaration of purpose


The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a [Council](/usc/42/300f.md?p=9) on Environmental Quality.


# §4331. Congressional declaration of national environmental policy

- (a) The Congress, recognizing the profound impact of man’s activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with [State](/usc/42/201.md?p=f) and [local governments](/usc/42/8401a.md), and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans.
- (b) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, [programs](/usc/42/274l–1.md?p=4), and resources to the end that the Nation may—
  - (1) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
  - (2) assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings;
  - (3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
  - (4) preserve important historic, cultural, and natural aspects of our national heritage, and maintain, wherever possible, an environment which supports diversity and variety of individual choice;
  - (5) achieve a balance between population and resource use which will permit high [standards](/usc/42/1320d.md?p=7) of living and a wide sharing of life’s amenities; and
  - (6) enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
- (c) The Congress recognizes that each [person](/usc/42/1320a–7k.md?p=d-4-C-i) should enjoy a healthful environment and that each [person](/usc/42/1320a–7k.md?p=d-4-C-i) has a responsibility to contribute to the preservation and enhancement of the environment.

# §4332. Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts


The Congress authorizes and directs that, to the fullest extent possible: (1) the policies, regulations, and public laws of the [United States](/usc/42/403.md?p=k) shall be interpreted and administered in accordance with the policies set forth in this chapter, and (2) all agencies of the Federal Government shall—

- (A) utilize a systematic, interdisciplinary approach which will ensure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on man’s environment;
- (B) identify and develop methods and procedures, in consultation with the [Council](/usc/42/4336e.md?p=3) on Environmental Quality established by subchapter II of this chapter, which will ensure that presently unquantified environmental amenities and values may be given appropriate consideration in decisionmaking along with economic and technical considerations;
- (C) consistent with the provisions of this chapter and except where compliance would be inconsistent with other statutory requirements, include in every recommendation or report on [proposals](/usc/42/4336e.md?p=12) for legislation and other [major Federal actions](/usc/42/4336e.md?p=10-A) significantly affecting the quality of the human environment, a detailed statement by the responsible official on—
  - (i) reasonably foreseeable environmental effects of the proposed agency action;
  - (ii) any reasonably foreseeable adverse environmental effects which cannot be avoided should the [proposal](/usc/42/4336e.md?p=12) be implemented;
  - (iii) a reasonable range of alternatives to the proposed agency action, including an analysis of any negative environmental impacts of not implementing the proposed agency action in the case of a no action alternative, that are technically and economically feasible, and meet the purpose and need of the [proposal](/usc/42/4336e.md?p=12);
  - (iv) the relationship between local short-term uses of man’s environment and the maintenance and enhancement of long-term productivity; and
  - (v) any irreversible and irretrievable commitments of Federal resources which would be involved in the proposed agency action should it be implemented.

  Prior to making any detailed statement, the head of the [lead agency](/usc/42/4336e.md?p=9) shall consult with and obtain the comments of any Federal agency which has jurisdiction by law or [special expertise](/usc/42/4336e.md?p=13) with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate Federal, [State](/usc/42/201.md?p=f), and local agencies, which are authorized to develop and enforce environmental [standards](/usc/42/1320d.md?p=7), shall be made available to the President, the [Council](/usc/42/4336e.md?p=3) on Environmental Quality and to the public as provided by [section 552 of title 5](/usc/5/552.md), and shall accompany the [proposal](/usc/42/4336e.md?p=12) through the existing agency review processes;

- (D) ensure the professional integrity, including scientific integrity, of the discussion and analysis in an [environmental document](/usc/42/4336e.md?p=5);
- (E) make use of reliable data and resources in carrying out this chapter;
- (F) consistent with the provisions of this chapter, study, develop, and describe technically and economically feasible alternatives;
- (G) any detailed statement required under [subparagraph (C)](#C) after January 1, 1970, for any [major Federal action](/usc/42/4336e.md?p=10-A) funded under a [program](/usc/42/274l–1.md?p=4) of grants to [States](/usc/42/201.md?p=f) shall not be deemed to be legally insufficient solely by reason of having been prepared by a [State agency](/usc/42/1396r–8.md?p=k-9) or official, if:
  - (i) the [State agency](/usc/42/1396r–8.md?p=k-9) or official has statewide jurisdiction and has the responsibility for such action,
  - (ii) the responsible Federal official furnishes guidance and participates in such preparation,
  - (iii) the responsible Federal official independently evaluates such statement prior to its approval and adoption, and
  - (iv) after January 1, 1976, the responsible Federal official provides early notification to, and solicits the views of, any other [State](/usc/42/201.md?p=f) or any Federal land management entity of any action or any alternative thereto which may have significant impacts upon such [State](/usc/42/201.md?p=f) or affected Federal land management entity and, if there is any disagreement on such impacts, prepares a written assessment of such impacts and views for incorporation into such detailed statement.

  The procedures in this subparagraph shall not relieve the Federal official of his responsibilities for the scope, objectivity, and content of the entire statement or of any other responsibility under this chapter; and further, this subparagraph does not affect the legal sufficiency of statements prepared by [State agencies](/usc/42/1396r–8.md?p=k-9) with less than statewide jurisdiction.[^1]

- (H) study, develop, and describe appropriate alternatives to recommended courses of action in any [proposal](/usc/42/4336e.md?p=12) which involves unresolved conflicts concerning alternative uses of available resources;
- (I) consistent with the provisions of this chapter, recognize the worldwide and long-range character of environmental problems and, where consistent with the foreign policy of the [United States](/usc/42/403.md?p=k), lend appropriate support to [initiatives](/usc/42/19131.md?p=1), resolutions, and [programs](/usc/42/274l–1.md?p=4) designed to maximize international cooperation in anticipating and preventing a decline in the quality of mankind’s world environment;
- (J) make available to [States](/usc/42/201.md?p=f), counties, municipalities, institutions, and individuals, advice and information useful in restoring, maintaining, and enhancing the quality of the environment;
- (K) initiate and utilize ecological information in the planning and development of resource-oriented [projects](/usc/42/11360.md?p=20); and
- (L) assist the [Council](/usc/42/4336e.md?p=3) on Environmental Quality established by subchapter II of this chapter.

# [§4332a. Repealed. Pub. L. 114–94, div. A, title I, § 1304(j)(2), Dec. 4, 2015, 129 Stat. 1386 — repealed]



# §4333. Conformity of administrative procedures to national environmental policy


All agencies of the Federal Government shall review their present statutory authority, administrative regulations, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit full compliance with the purposes and provisions of this chapter and shall propose to the President not later than July 1, 1971, such measures as may be necessary to bring their authority and policies into conformity with the intent, purposes, and procedures set forth in this chapter.


# §4334. Other statutory obligations of agencies


Nothing in section [4332](/usc/42/4332.md) or [4333](/usc/42/4333.md) of this title shall in any way affect the specific statutory obligations of any Federal agency (1) to comply with criteria or [standards](/usc/42/1320d.md?p=7) of environmental quality, (2) to coordinate or consult with any other Federal or [State agency](/usc/42/1396r–8.md?p=k-9), or (3) to act, or refrain from acting contingent upon the recommendations or certification of any other Federal or [State agency](/usc/42/1396r–8.md?p=k-9).


# §4335. Efforts supplemental to existing authorizations


The policies and goals set forth in this chapter are supplementary to those set forth in existing [authorizations](/usc/42/4370m.md?p=3) of Federal agencies.


# §4336. Procedure for determination of level of review

- (a) **Threshold determinations—** An agency is not required to prepare an [environmental document](/usc/42/4336e.md?p=5) 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](/usc/5/chptI-ch5.md) of title 5;
  - (2) the proposed agency action is excluded pursuant to one of the agency’s [categorical exclusions](/usc/42/4336e.md?p=1), another agency’s [categorical exclusions](/usc/42/4336e.md?p=1) consistent with [section 4336c of this title](/usc/42/4336c.md), 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—** An agency shall issue an [environmental impact statement](/usc/42/4336e.md?p=6) with respect to a proposed agency action requiring an [environmental document](/usc/42/4336e.md?p=5) that has a reasonably foreseeable significant effect on the quality of the human environment.
  - (2) **Environmental assessment—** An agency shall prepare an [environmental assessment](/usc/42/4336e.md?p=4) with respect to a proposed agency action that does not have a reasonably foreseeable significant effect on the quality of the human environment, or if the significance of such effect is unknown, unless the agency finds that the proposed agency action is excluded pursuant to one of the agency’s [categorical exclusions](/usc/42/4336e.md?p=1), another agency’s [categorical exclusions](/usc/42/4336e.md?p=1) consistent with [section 4336c of this title](/usc/42/4336c.md), or another provision of law. Such [environmental assessment](/usc/42/4336e.md?p=4) shall be a concise public document prepared by a Federal agency to set forth the basis of such agency’s [finding of no significant impact](/usc/42/4336e.md?p=7) or determination that an [environmental impact statement](/usc/42/4336e.md?p=6) is necessary.
  - (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.

# §4336a. Timely and unified Federal reviews

- (a) **Lead agency—**
  - (1) **Designation—**
    - (A) **In general—** If there are two or more [participating Federal agencies](/usc/42/4336e.md?p=8), such agencies shall determine, by letter or memorandum, which agency shall be the [lead agency](/usc/42/4336e.md?p=9) based on consideration of the—
      - (i) magnitude of agency’s involvement;
      - (ii) [project](/usc/42/11360.md?p=20) approval or disapproval authority;
      - (iii) expertise concerning the action’s environmental effects;
      - (iv) duration of agency’s involvement; and
      - (v) sequence of agency’s involvement.
    - (B) **Joint lead agencies—** In making a determination under [subparagraph (A)](#a-1-A), the [participating Federal agencies](/usc/42/4336e.md?p=8) may appoint such [State](/usc/42/201.md?p=f), Tribal, or local agencies as joint [lead agencies](/usc/42/4336e.md?p=9) as the involved Federal agencies shall determine appropriate. Joint [lead agencies](/usc/42/4336e.md?p=9) shall jointly fulfill the role described in [paragraph (2)](#a-2).
  - (2) **Role—** A [lead agency](/usc/42/4336e.md?p=9) shall, with respect to a proposed agency action—
    - (A) supervise the preparation of an [environmental document](/usc/42/4336e.md?p=5) if, with respect to such proposed agency action, there is more than one [participating Federal agency](/usc/42/4336e.md?p=8);
    - (B) request the participation of each [cooperating agency](/usc/42/4336e.md?p=2) at the earliest practicable time;
    - (C) in preparing an [environmental document](/usc/42/4336e.md?p=5), give consideration to any analysis or [proposal](/usc/42/4336e.md?p=12) created by a [cooperating agency](/usc/42/4336e.md?p=2);
    - (D) develop a schedule, in consultation with each [cooperating agency](/usc/42/4336e.md?p=2), the applicant, and such other entities as the [lead agency](/usc/42/4336e.md?p=9) determines appropriate, for completion of any environmental review, permit, or [authorization](/usc/42/4370m.md?p=3) required to carry out the proposed agency action;
    - (E) if the [lead agency](/usc/42/4336e.md?p=9) determines that a review, permit, or [authorization](/usc/42/4370m.md?p=3) will not be completed in accordance with the schedule developed under [subparagraph (D)](#a-2-D), notify the agency responsible for issuing such review, permit, or [authorization](/usc/42/4370m.md?p=3) of the discrepancy and request that such agency take such measures as such agency determines appropriate to comply with such schedule; and
    - (F) meet with a [cooperating agency](/usc/42/4336e.md?p=2) that requests such a meeting.
  - (3) **Cooperating agency—** The [lead agency](/usc/42/4336e.md?p=9) may, with respect to a proposed agency action, designate any Federal, [State](/usc/42/201.md?p=f), Tribal, or local agency that has jurisdiction by law or [special expertise](/usc/42/4336e.md?p=13) with respect to any environmental impact involved in a [proposal](/usc/42/4336e.md?p=12) to serve as a [cooperating agency](/usc/42/4336e.md?p=2). A [cooperating agency](/usc/42/4336e.md?p=2) may, not later than a date specified in the schedule established by the [lead agency](/usc/42/4336e.md?p=9), submit comments to the [lead agency](/usc/42/4336e.md?p=9).
  - (4) **Request for designation—** Any Federal, [State](/usc/42/201.md?p=f), Tribal, or local agency or [person](/usc/42/1320a–7k.md?p=d-4-C-i) that is substantially affected by the lack of a designation of a [lead agency](/usc/42/4336e.md?p=9) with respect to a proposed agency action under [paragraph (1)](#a-1) may submit a written request for such a designation to a [participating Federal agency](/usc/42/4336e.md?p=8). An agency that receives a request under this paragraph shall transmit such request to each [participating Federal agency](/usc/42/4336e.md?p=8) and to the [Council](/usc/42/4336e.md?p=3).
  - (5) **Council designation—**
    - (A) **Request—** If the [participating Federal agencies](/usc/42/4336e.md?p=8) are unable to agree on the designation of a [lead agency](/usc/42/4336e.md?p=9) within 45 days of the request under [paragraph (4)](#a-4), then the Federal, [State](/usc/42/201.md?p=f), Tribal or local agency or [person](/usc/42/1320a–7k.md?p=d-4-C-i) that is substantially affected by the lack or a designation of a [lead agency](/usc/42/4336e.md?p=9) may request that the [Council](/usc/42/4336e.md?p=3) designate a [lead agency](/usc/42/4336e.md?p=9). Such request shall consist of—
      - (i) a precise description of the nature and extent of the proposed agency action; and
      - (ii) a detailed statement with respect to each [participating Federal agency](/usc/42/4336e.md?p=8) and each factor listed in [paragraph (1)](#a-1) regarding which agency should serve as [lead agency](/usc/42/4336e.md?p=9).
    - (B) **Transmission—** The [Council](/usc/42/4336e.md?p=3) shall transmit a request received under [subparagraph (A)](#a-5-A) to each [participating Federal agency](/usc/42/4336e.md?p=8).
    - (C) **Response—** A [participating Federal agency](/usc/42/4336e.md?p=8) may, not later than 20 days after the date of the submission of a request under [subparagraph (A)](#a-5-A), submit to the [Council](/usc/42/4336e.md?p=3) a response to such request.
    - (D) **Designation—** Not later than 40 days after the date of the submission of a request under [subparagraph (A)](#a-5-A), the [Council](/usc/42/4336e.md?p=3) shall designate the [lead agency](/usc/42/4336e.md?p=9) with respect to the relevant proposed agency action.
- (b) **One document—** To the extent practicable, if a proposed agency action will require action by more than one Federal agency and the [lead agency](/usc/42/4336e.md?p=9) has determined that it requires preparation of an [environmental document](/usc/42/4336e.md?p=5), the lead and [cooperating agencies](/usc/42/4336e.md?p=2) shall evaluate the [proposal](/usc/42/4336e.md?p=12) in a [single](/usc/42/2304.md?p=m) [environmental document](/usc/42/4336e.md?p=5).
- (c) **Request for public comment—** Each notice of intent to prepare an [environmental impact statement](/usc/42/4336e.md?p=6) under [section 4332 of this title](/usc/42/4332.md) shall include a request for public comment on alternatives or impacts and on relevant information, studies, or analyses with respect to the proposed agency action.
- (d) **Statement of purpose and need—** Each [environmental document](/usc/42/4336e.md?p=5) shall include a statement of purpose and need that briefly summarizes the underlying purpose and need for the proposed agency action.
- (e) **Page limits—**
  - (1) **Environmental impact statements—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#e-1-B), an [environmental impact statement](/usc/42/4336e.md?p=6) shall not exceed 150 pages, not including any citations or appendices.
    - (B) **Extraordinary complexity—** An [environmental impact statement](/usc/42/4336e.md?p=6) for a proposed agency action of extraordinary complexity shall not exceed 300 pages, not including any citations or appendices.
  - (2) **Environmental assessments—** An [environmental assessment](/usc/42/4336e.md?p=4) shall not exceed 75 pages, not including any citations or appendices.
- (f) **Sponsor preparation—** A [lead agency](/usc/42/4336e.md?p=9) shall prescribe procedures to allow a [project](/usc/42/11360.md?p=20) sponsor to prepare an [environmental assessment](/usc/42/4336e.md?p=4) or an [environmental impact statement](/usc/42/4336e.md?p=6) under the supervision of the agency. Such agency may provide such sponsor with appropriate guidance and assist in the preparation. The [lead agency](/usc/42/4336e.md?p=9) shall independently evaluate the [environmental document](/usc/42/4336e.md?p=5) and shall take responsibility for the contents.
- (g) **Deadlines—**
  - (1) **In general—** Except as provided in [paragraph (2)](#g-2), with respect to a proposed agency action, a [lead agency](/usc/42/4336e.md?p=9) shall complete, as applicable—
    - (A) the [environmental impact statement](/usc/42/4336e.md?p=6) not later than the date that is 2 years after the sooner of, as applicable—
      - (i) the date on which such agency determines that [section 4332(2)(C) of this title](/usc/42/4332.md) requires the issuance of an [environmental impact statement](/usc/42/4336e.md?p=6) with respect to such action;
      - (ii) the date on which such agency notifies the applicant that the application to establish a right-of-way for such action is complete; and
      - (iii) the date on which such agency issues a notice of intent to prepare the [environmental impact statement](/usc/42/4336e.md?p=6) for such action; and
    - (B) the [environmental assessment](/usc/42/4336e.md?p=4) not later than the date that is 1 year after the sooner of, as applicable—
      - (i) the date on which such agency determines that [section 4336(b)(2) of this title](/usc/42/4336.md?p=b-2) requires the preparation of an [environmental assessment](/usc/42/4336e.md?p=4) with respect to such action;
      - (ii) the date on which such agency notifies the applicant that the application to establish a right-of-way for such action is complete; and
      - (iii) the date on which such agency issues a notice of intent to prepare the [environmental assessment](/usc/42/4336e.md?p=4) for such action.
  - (2) **Delay—** A [lead agency](/usc/42/4336e.md?p=9) that determines it is not able to meet the deadline described in [paragraph (1)](#g-1) may extend such deadline, in consultation with the applicant, to establish a new deadline that provides only so much additional time as is necessary to complete such [environmental impact statement](/usc/42/4336e.md?p=6) or [environmental assessment](/usc/42/4336e.md?p=4).
  - (3) **Petition to court—**
    - (A) **Right to petition—** A [project](/usc/42/11360.md?p=20) sponsor may obtain a review of an alleged failure by an agency to act in accordance with an applicable deadline under this section by filing a written petition with a court of competent jurisdiction seeking an order under [subparagraph (B)](#g-3-B).
    - (B) **Court order—** If a court of competent jurisdiction finds that an agency has failed to act in accordance with an applicable deadline, the court shall set a schedule and deadline for the agency to act as soon as practicable, which shall not exceed 90 days from the date on which the order of the court is issued, unless the court determines a longer time period is necessary to comply with applicable law.
- (h) **Report—**
  - (1) **In general—** The head of each [lead agency](/usc/42/4336e.md?p=9) shall annually submit to the Committee on Natural Resources of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committee on Environment and Public Works of the Senate a report that—
    - (A) identifies any [environmental assessment](/usc/42/4336e.md?p=4) and [environmental impact statement](/usc/42/4336e.md?p=6) that such [lead agency](/usc/42/4336e.md?p=9) did not complete by the deadline described in [subsection (g)](#g); and
    - (B) provides an explanation for any failure to meet such deadline.
  - (2) **Inclusions—** Each report submitted under [paragraph (1)](#h-1) shall identify, as applicable—
    - (A) the [office](/usc/42/3058f.md?p=1), bureau, division, [unit](/usc/42/1395w–114b.md?p=g-2), or other entity within the Federal agency responsible for each such [environmental assessment](/usc/42/4336e.md?p=4) and [environmental impact statement](/usc/42/4336e.md?p=6);
    - (B) the date on which—
      - (i) such [lead agency](/usc/42/4336e.md?p=9) notified the applicant that the application to establish a right-of-way for the [major Federal action](/usc/42/4336e.md?p=10-A) is complete;
      - (ii) such [lead agency](/usc/42/4336e.md?p=9) began the scoping for the [major Federal action](/usc/42/4336e.md?p=10-A); or
      - (iii) such [lead agency](/usc/42/4336e.md?p=9) issued a notice of intent to prepare the [environmental assessment](/usc/42/4336e.md?p=4) or [environmental impact statement](/usc/42/4336e.md?p=6) for the [major Federal action](/usc/42/4336e.md?p=10-A); and
    - (C) when such [environmental assessment](/usc/42/4336e.md?p=4) and [environmental impact statement](/usc/42/4336e.md?p=6) is expected to be complete.

# §4336b. Programmatic environmental document


When an agency prepares a [programmatic environmental document](/usc/42/4336e.md?p=11) for which judicial review was available, the agency may rely on the analysis included in the [programmatic environmental document](/usc/42/4336e.md?p=11) in a subsequent [environmental document](/usc/42/4336e.md?p=5) for related actions as follows:

- (1) Within 5 years and without additional review of the analysis in the [programmatic environmental document](/usc/42/4336e.md?p=11), unless there are substantial new circumstances or information about the significance of adverse effects that bear on the analysis.
- (2) After 5 years, so long as the agency reevaluates the analysis in the [programmatic environmental document](/usc/42/4336e.md?p=11) and any underlying assumption to ensure reliance on the analysis remains valid.

# §4336c. Adoption of categorical exclusions


An agency may adopt a [categorical exclusion](/usc/42/4336e.md?p=1) listed in another agency’s NEPA procedures for a [category](/usc/42/1395w–4.md?p=j-1) of proposed agency actions for which the [categorical exclusion](/usc/42/4336e.md?p=1) was established consistent with this paragraph. The agency shall—

- (1) identify the [categorical exclusion](/usc/42/4336e.md?p=1) listed in another agency’s NEPA procedures that covers a [category](/usc/42/1395w–4.md?p=j-1) of proposed actions or related actions;
- (2) consult with the agency that established the [categorical exclusion](/usc/42/4336e.md?p=1) to ensure that the proposed adoption of the [categorical exclusion](/usc/42/4336e.md?p=1) to a [category](/usc/42/1395w–4.md?p=j-1) of actions is appropriate;
- (3) identify to the public the [categorical exclusion](/usc/42/4336e.md?p=1) that the agency plans to use for its proposed actions; and
- (4) document adoption of the [categorical exclusion](/usc/42/4336e.md?p=1).

# §4336d. E-NEPA

- (a) **Permitting portal study—** The [Council](/usc/42/4336e.md?p=3) on Environmental Quality shall conduct a study and submit a report to Congress within 1 year of the enactment of this Act[^1] on the potential for online and digital technologies to address delays in reviews and improve public accessibility and transparency under [section 4332(2)(C) of this title](/usc/42/4332.md) including, but not limited to, a unified permitting portal that would—
  - (1) allow applicants to—
    - (A) submit required documents or materials for their [project](/usc/42/11360.md?p=20) in one unified portal;
    - (B) upload and collaborate with the applicable agencies to edit documents in real-time, as required;
    - (C) upload and display visual features such as video, animation, geographic information system displays, and three-dimensional renderings; and
    - (D) track the progress of individual applications;
  - (2) include a cloud based, digital tool for more complex reviews that would enhance interagency coordination in consultation by—
    - (A) centralizing, across all necessary agencies, the data, visuals, and documents, including but not limited to geographic information system displays, other visual renderings, and completed reports and analyses necessary for reviews;
    - (B) streamlining communications between all necessary agencies and the applicant;
    - (C) allowing for comments and responses by and to all necessary agencies in one unified portal;
    - (D) generating analytical reports to aid in organizing and cataloguing public comments; and
    - (E) be[^2] accessible on mobile devices;
  - (3) boost transparency in agency processes and present information suitable for a lay audience, including but not limited to—
    - (A) scientific data and analysis; and
    - (B) anticipated agency process and timeline; and
  - (4) include examples describing how at least five permits would be reviewed and processed through this portal.
- (b) **Authorization of appropriations—** There is authorized to be appropriated $500,000 for the [Council](/usc/42/4336e.md?p=3) on Environmental Quality to carry out the study directed by this section.

# §4336e. Definitions


In this subchapter:

- (1) **Categorical exclusion—** The term “categorical exclusion” means a [category](/usc/42/1395w–4.md?p=j-1) 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](/usc/42/4332.md).
- (2) **Cooperating agency—** The term “cooperating agency” means any Federal, [State](/usc/42/201.md?p=f), Tribal, or local agency that has been designated as a cooperating agency under [section 4336a(a)(3) of this title](/usc/42/4336a.md?p=a-3).
- (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](/usc/42/4336.md?p=b-2).
- (5) **Environmental document—** The term “environmental document” means an [environmental impact statement](#6), an [environmental assessment](#4), or a [finding of no significant impact](#7).
- (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](/usc/42/4332.md).
- (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](#6).
- (8) **Participating Federal agency—** The term “participating Federal agency” means a Federal agency participating in an environmental review or [authorization](/usc/42/4370m.md?p=3) of an action.
- (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](/usc/42/4336a.md?p=a-1).
- (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) **Exclusion—** The term “[major Federal action](#10-A)” 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](/usc/42/11360.md?p=20);
    - (ii) funding assistance solely in the form of general revenue sharing [funds](/usc/42/12854.md?p=3) which do not provide Federal agency compliance or enforcement responsibility over the subsequent use of such [funds](/usc/42/12854.md?p=3);
    - (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] of the Small Business Act ( U.S.C. 636(a)),[^2] or title V of the Small Business Investment Act of 1958 ([15 U.S.C. 695](/usc/15/695.md) et seq.);
    - (v) bringing judicial or administrative civil or criminal [enforcement actions](/usc/42/247d–6d.md?p=c-5-B-i);
    - (vi) extraterritorial activities or decisions, which means agency activities or decisions with effects located entirely outside of the jurisdiction of the [United States](/usc/42/403.md?p=k); 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](#6) or [environmental assessment](#4) analyzing all or some of the environmental effects of a policy, [program](/usc/42/274l–1.md?p=4), 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](/usc/42/274l–1.md?p=4) experience.

# §4336f. Project sponsor opt-in fees for environmental reviews

- (a) **Process—**
  - (1) **Project sponsor—** A [project](/usc/42/11360.md?p=20) sponsor that intends to pay a fee under this section for the preparation, or supervision of the preparation, of an [environmental assessment](/usc/42/4336e.md?p=4) or [environmental impact statement](/usc/42/4336e.md?p=6) for a [project](/usc/42/11360.md?p=20) shall submit to the [Council](/usc/42/4336e.md?p=3)—
    - (A) a description of the [project](/usc/42/11360.md?p=20); and
    - (B) a [declaration](/usc/42/247d–6e.md?p=e-4) of whether the [project](/usc/42/11360.md?p=20) sponsor intends to prepare the [environmental assessment](/usc/42/4336e.md?p=4) or [environmental impact statement](/usc/42/4336e.md?p=6) under [section 4336a(f) of this title](/usc/42/4336a.md?p=f).
  - (2) **Council on Environmental Quality—** Not later than 15 days after the date on which the [Council](/usc/42/4336e.md?p=3) receives information described in [paragraph (1)](#a-1) from a [project](/usc/42/11360.md?p=20) sponsor, the [Council](/usc/42/4336e.md?p=3) shall provide to the [project](/usc/42/11360.md?p=20) sponsor notice of the amount of the fee to be paid under this section, as determined under [subsection (b)](#b).
  - (3) **Payment of fee—** A [project](/usc/42/11360.md?p=20) sponsor may pay a fee under this section after receipt of the notice described in [paragraph (2)](#a-2).
  - (4) **Deadline for environmental reviews for which a fee is paid—** Notwithstanding [section 4336a(g)(1) of this title](/usc/42/4336a.md?p=g-1)—
    - (A) an [environmental assessment](/usc/42/4336e.md?p=4) for which a fee is paid under this section shall be completed not later than 180 days after the date on which the fee is paid; and
    - (B) an [environmental impact statement](/usc/42/4336e.md?p=6) for which a fee is paid under this section shall be completed not later than 1 year after the date of publication of the notice of intent to prepare the [environmental impact statement](/usc/42/4336e.md?p=6).
- (b) **Fee amount—** The amount of a fee under this section shall be—
  - (1) 125 percent of the anticipated costs to prepare the [environmental assessment](/usc/42/4336e.md?p=4) or [environmental impact statement](/usc/42/4336e.md?p=6); and
  - (2) in the case of an [environmental assessment](/usc/42/4336e.md?p=4) or [environmental impact statement](/usc/42/4336e.md?p=6) to be prepared in whole or in part by a [project](/usc/42/11360.md?p=20) sponsor under [section 4336a(f) of this title](/usc/42/4336a.md?p=f), 125 percent of the anticipated costs to supervise preparation of, and, as applicable, prepare, the [environmental assessment](/usc/42/4336e.md?p=4) or [environmental impact statement](/usc/42/4336e.md?p=6).

# [§4341. Omitted — omitted]



# §4342. Establishment; membership; Chairman; appointments


There is created in the Executive [Office](/usc/42/3058f.md?p=1) of the President a [Council](/usc/42/300f.md?p=9) on Environmental Quality (hereinafter referred to as the “[Council](/usc/42/300f.md?p=9)”). The [Council](/usc/42/300f.md?p=9) shall be composed of three members who shall be appointed by the President to serve at his pleasure, by and with the advice and consent of the Senate. The President shall designate one of the members of the [Council](/usc/42/300f.md?p=9) to serve as Chairman. Each member shall be a [person](/usc/42/1320a–7k.md?p=d-4-C-i) who, as a result of his [training](/usc/42/285e–2.md?p=b-2), experience, and attainments, is exceptionally well qualified to analyze and interpret environmental trends and information of all kinds; to appraise [programs](/usc/42/274l–1.md?p=4) and activities of the Federal Government in the light of the policy set forth in subchapter I of this chapter; to be conscious of and responsive to the scientific, economic, social, esthetic, and cultural needs and interests of the Nation; and to formulate and recommend national policies to promote the improvement of the quality of the environment.


# §4343. Employment of personnel, experts and consultants

- (a) The [Council](/usc/42/300f.md?p=9) may employ such officers and [employees](/usc/42/1320a–7h.md?p=e-7) as may be necessary to carry out its functions under this chapter. In addition, the [Council](/usc/42/300f.md?p=9) may employ and fix the compensation of such experts and consultants as may be necessary for the carrying out of its functions under this chapter, in accordance with [section 3109 of title 5](/usc/5/3109.md) (but without regard to the last sentence thereof).
- (b) Notwithstanding [section 1342 of title 31](/usc/31/1342.md), the [Council](/usc/42/300f.md?p=9) may accept and employ voluntary and uncompensated services in furtherance of the purposes of the [Council](/usc/42/300f.md?p=9).

# §4344. Duties and functions


It shall be the duty and function of the [Council](/usc/42/300f.md?p=9)—

- (1) to assist and advise the President in the preparation of the Environmental Quality Report required by [section 4341](/usc/42/4341.md)[^1] of this title;
- (2) to gather timely and authoritative information concerning the conditions and trends in the quality of the environment both current and prospective, to analyze and interpret such information for the purpose of determining whether such conditions and trends are interfering, or are likely to interfere, with the achievement of the policy set forth in subchapter I of this chapter, and to compile and submit to the President studies relating to such conditions and trends;
- (3) to review and appraise the various [programs](/usc/42/274l–1.md?p=4) and activities of the Federal Government in the light of the policy set forth in subchapter I of this chapter for the purpose of determining the extent to which such [programs](/usc/42/274l–1.md?p=4) and activities are contributing to the achievement of such policy, and to make recommendations to the President with respect thereto;
- (4) to develop and recommend to the President national policies to foster and promote the improvement of environmental quality to meet the conservation, social, economic, health, and other requirements and goals of the Nation;
- (5) to conduct investigations, studies, surveys, research, and analyses relating to ecological systems and environmental quality;
- (6) to document and define changes in the natural environment, including the plant and animal systems, and to accumulate necessary data and other information for a continuing analysis of these changes or trends and an interpretation of their underlying [causes](/usc/42/9908.md?p=c-2);
- (7) to report at least once each year to the President on the [state](/usc/42/201.md?p=f) and condition of the environment; and
- (8) to make and furnish such studies, reports thereon, and recommendations with respect to matters of policy and legislation as the President may request.

# §4345. Consultation with Citizens’ Advisory Committee on Environmental Quality and other representatives


In exercising its powers, functions, and duties under this chapter, the [Council](/usc/42/300f.md?p=9) shall—

- (1) consult with the Citizens’ [Advisory Committee](/usc/42/7703.md?p=9) on Environmental Quality established by Executive Order numbered 11472, dated May 29, 1969, and with such [representatives](/usc/42/3058f.md?p=5) of science, industry, agriculture, labor, conservation organizations, [State](/usc/42/201.md?p=f) and [local governments](/usc/42/8401a.md) and other groups, as it deems advisable; and
- (2) utilize, to the fullest extent possible, the services, [facilities](/usc/42/11049.md?p=4), and information (including statistical information) of public and private agencies and organizations, and individuals, in order that duplication of effort and expense may be avoided, thus assuring that the [Council](/usc/42/300f.md?p=9)’s activities will not unnecessarily overlap or conflict with similar activities authorized by law and performed by established agencies.

# §4346. Tenure and compensation of members


Members of the [Council](/usc/42/300f.md?p=9) shall serve full time and the Chairman of the [Council](/usc/42/300f.md?p=9) shall be compensated at the rate provided for Level II of the Executive Schedule Pay Rates ([5 U.S.C. 5313](/usc/5/5313.md)). The other members of the [Council](/usc/42/300f.md?p=9) shall be compensated at the rate provided for Level IV or[^1] the Executive Schedule Pay Rates ([5 U.S.C. 5315](/usc/5/5315.md)).


# §4346a. Travel reimbursement by private organizations and Federal, State, and local governments


The [Council](/usc/42/300f.md?p=9) may accept reimbursements from any private nonprofit organization or from any department, agency, or instrumentality of the Federal Government, any [State](/usc/42/201.md?p=f), or [local government](/usc/42/8401a.md), for the reasonable travel expenses incurred by an officer or [employee](/usc/42/1320a–7h.md?p=e-7) of the [Council](/usc/42/300f.md?p=9) in connection with his attendance at any conference, seminar, or similar meeting conducted for the benefit of the [Council](/usc/42/300f.md?p=9).


# §4346b. Expenditures in support of international activities


The [Council](/usc/42/300f.md?p=9) may make expenditures in support of its international activities, including expenditures for: (1) international travel; (2) activities in implementation of international [agreements](/usc/42/1320b–8.md?p=a-3-A); and (3) the support of international [exchange](/usc/42/300gg–91.md?p=d-21) [programs](/usc/42/274l–1.md?p=4) in the [United States](/usc/42/403.md?p=k) and in foreign countries.


# §4347. Authorization of appropriations


There are authorized to be appropriated to carry out the provisions of this chapter not to exceed $300,000 for fiscal year 1970, $700,000 for fiscal year 1971, and $1,000,000 for each fiscal year thereafter.