---
kind: "section"
citation: "42 U.S.C. § 4336a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "4336a"
heading: "Timely and unified Federal reviews"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/4336a"
units:
  - "Chapter 55 — National Environmental Policy"
  - "Subchapter I — Policies and Goals"
---

# §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](/usc/42/8262.md?p=1) shall determine, by letter or memorandum, which [agency](/usc/42/8262.md?p=1) shall be the [lead agency](/usc/42/4336e.md?p=9) based on consideration of the—
      - (i) magnitude of [agency](/usc/42/8262.md?p=1)’s involvement;
      - (ii) [project](/usc/42/13641.md?p=2) approval or disapproval authority;
      - (iii) expertise concerning the action’s environmental effects;
      - (iv) duration of [agency](/usc/42/8262.md?p=1)’s involvement; and
      - (v) sequence of [agency](/usc/42/8262.md?p=1)’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/42/2021b.md?p=14), Tribal, or local [agencies](/usc/42/8262.md?p=1) as joint [lead agencies](/usc/42/4336e.md?p=9) as the involved Federal [agencies](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) action—
    - (A) supervise the preparation of an [environmental document](/usc/42/4336e.md?p=5) if, with respect to such proposed [agency](/usc/42/8262.md?p=1) 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 required to carry out the proposed [agency](/usc/42/8262.md?p=1) action;
    - (E) if the [lead agency](/usc/42/4336e.md?p=9) determines that a review, permit, or authorization will not be completed in accordance with the schedule developed under [subparagraph (D)](#a-2-D), notify the [agency](/usc/42/8262.md?p=1) responsible for issuing such review, permit, or authorization of the discrepancy and request that such [agency](/usc/42/8262.md?p=1) take such measures as such [agency](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) action, designate any Federal, [State](/usc/42/2021b.md?p=14), Tribal, or local [agency](/usc/42/8262.md?p=1) 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/42/2021b.md?p=14), Tribal, or local [agency](/usc/42/8262.md?p=1) or person 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](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) 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/42/2021b.md?p=14), Tribal or local [agency](/usc/42/8262.md?p=1) or person 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](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) action.
- (b) **One document—** To the extent practicable, if a proposed [agency](/usc/42/8262.md?p=1) action will require action by more than one Federal [agency](/usc/42/8262.md?p=1) 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 [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](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) 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/42/13641.md?p=2) 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](/usc/42/8262.md?p=1). Such [agency](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) 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/42/13641.md?p=2) sponsor may obtain a review of an alleged failure by an [agency](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) has failed to act in accordance with an applicable deadline, the court shall set a schedule and deadline for the [agency](/usc/42/8262.md?p=1) 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 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, bureau, division, unit, or other entity within the Federal [agency](/usc/42/8262.md?p=1) 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.

## Source credit

(Pub. L. 91–190, title I, § 107, as added Pub. L. 118–5, div. C, title III, § 321(b), June 3, 2023, 137 Stat. 40.)