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

# §4336e. Definitions


In this subchapter:

- (1) **Categorical exclusion—** The term “categorical exclusion” means a category of actions that a Federal [agency](/usc/42/8262.md?p=1) 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/42/2021b.md?p=14), Tribal, or local [agency](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) that a proposed [agency](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) participating in an environmental review or authorization of an action.
- (9) **Lead agency—** The term “lead agency” means, with respect to a proposed [agency](/usc/42/8262.md?p=1) action—
  - (A) the [agency](/usc/42/8262.md?p=1) that proposed such action; or
  - (B) if there are 2 or more involved Federal [agencies](/usc/42/8262.md?p=1) with respect to such action, the [agency](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) cannot control the outcome of the [project](/usc/42/13641.md?p=2);
    - (ii) funding assistance solely in the form of general revenue sharing funds which do not provide Federal [agency](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) 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;
    - (vi) extraterritorial activities or decisions, which means [agency](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1)’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, plan, or group of related actions.
- (12) **Proposal—** The term “proposal” means a proposed action at a stage when an [agency](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) mission, or related program experience.

## Footnotes

[^1]: So in original. The word “and” probably should not appear.
[^2]: So in original. Probably should refer to 15 U.S.C. 636(a), (b).

## Source credit

(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.)

## Notes

### Editorial Notes

### References 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.