USC Subchapter I

in effect

42 U.S.C. § 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 and local governments, 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, 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 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 should enjoy a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

42 U.S.C. § 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 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 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 for legislation and other major Federal actions 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 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; (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 shall consult with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate Federal, State, and local agencies, which are authorized to develop and enforce environmental standards, shall be made available to the President, the Council on Environmental Quality and to the public as provided by section 552 of title 5, and shall accompany the proposal through the existing agency review processes; (D) ensure the professional integrity, including scientific integrity, of the discussion and analysis in an environmental document; (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) after January 1, 1970, for any major Federal action funded under a program of grants to States shall not be deemed to be legally insufficient solely by reason of having been prepared by a State agency or official, if:(i) the State agency 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 or any Federal land management entity of any action or any alternative thereto which may have significant impacts upon such State 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 with less than statewide jurisdiction.11 So in original. The period probably should be a semicolon. (H) study, develop, and describe appropriate alternatives to recommended courses of action in any proposal 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, lend appropriate support to initiatives, resolutions, and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of mankind’s world environment; (J) make available to States, 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; and (L) assist the Council on Environmental Quality established by subchapter II of this chapter.

42 U.S.C. § 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.

42 U.S.C. § 4334 Other statutory obligations of agencies

Nothing in section 4332 or 4333 of this title shall in any way affect the specific statutory obligations of any Federal agency (1) to comply with criteria or standards of environmental quality, (2) to coordinate or consult with any other Federal or State agency, or (3) to act, or refrain from acting contingent upon the recommendations or certification of any other Federal or State agency.

42 U.S.C. § 4335 Efforts supplemental to existing authorizations

The policies and goals set forth in this chapter are supplementary to those set forth in existing authorizations of Federal agencies.

42 U.S.C. § 4336 Procedure for determination of level of review

(a) Threshold determinationsAn agency is not required to prepare an environmental document 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 of title 5; (2) the proposed agency action is excluded pursuant to one of the agency’s categorical exclusions, another agency’s categorical exclusions consistent with section 4336c of this title, 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 statementAn agency shall issue an environmental impact statement with respect to a proposed agency action requiring an environmental document that has a reasonably foreseeable significant effect on the quality of the human environment. (2) Environmental assessmentAn agency shall prepare an environmental assessment 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, another agency’s categorical exclusions consistent with section 4336c of this title, or another provision of law. Such environmental assessment 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 or determination that an environmental impact statement is necessary. (3) Sources of informationIn 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.

42 U.S.C. § 4336a Timely and unified Federal reviews

(a) Lead agency(1) Designation(A) In generalIf there are two or more participating Federal agencies, such agencies shall determine, by letter or memorandum, which agency shall be the lead agency based on consideration of the—(i) magnitude of agency’s involvement; (ii) project 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 agenciesIn making a determination under subparagraph (A), the participating Federal agencies may appoint such State, Tribal, or local agencies as joint lead agencies as the involved Federal agencies shall determine appropriate. Joint lead agencies shall jointly fulfill the role described in paragraph (2). (2) RoleA lead agency shall, with respect to a proposed agency action—(A) supervise the preparation of an environmental document if, with respect to such proposed agency action, there is more than one participating Federal agency; (B) request the participation of each cooperating agency at the earliest practicable time; (C) in preparing an environmental document, give consideration to any analysis or proposal created by a cooperating agency; (D) develop a schedule, in consultation with each cooperating agency, the applicant, and such other entities as the lead agency determines appropriate, for completion of any environmental review, permit, or authorization required to carry out the proposed agency action; (E) if the lead agency determines that a review, permit, or authorization will not be completed in accordance with the schedule developed under subparagraph (D), notify the agency responsible for issuing such review, permit, or authorization 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 that requests such a meeting. (3) Cooperating agencyThe lead agency may, with respect to a proposed agency action, designate any Federal, State, Tribal, or local agency that has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposal to serve as a cooperating agency. A cooperating agency may, not later than a date specified in the schedule established by the lead agency, submit comments to the lead agency. (4) Request for designationAny Federal, State, Tribal, or local agency or person that is substantially affected by the lack of a designation of a lead agency with respect to a proposed agency action under paragraph (1) may submit a written request for such a designation to a participating Federal agency. An agency that receives a request under this paragraph shall transmit such request to each participating Federal agency and to the Council. (5) Council designation(A) RequestIf the participating Federal agencies are unable to agree on the designation of a lead agency within 45 days of the request under paragraph (4), then the Federal, State, Tribal or local agency or person that is substantially affected by the lack or a designation of a lead agency may request that the Council designate a lead agency. 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 and each factor listed in paragraph (1) regarding which agency should serve as lead agency. (B) TransmissionThe Council shall transmit a request received under subparagraph (A) to each participating Federal agency. (C) ResponseA participating Federal agency may, not later than 20 days after the date of the submission of a request under subparagraph (A), submit to the Council a response to such request. (D) DesignationNot later than 40 days after the date of the submission of a request under subparagraph (A), the Council shall designate the lead agency with respect to the relevant proposed agency action. (b) One documentTo the extent practicable, if a proposed agency action will require action by more than one Federal agency and the lead agency has determined that it requires preparation of an environmental document, the lead and cooperating agencies shall evaluate the proposal in a single environmental document. (c) Request for public commentEach notice of intent to prepare an environmental impact statement under section 4332 of this title 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 needEach environmental document 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 generalExcept as provided in subparagraph (B), an environmental impact statement shall not exceed 150 pages, not including any citations or appendices. (B) Extraordinary complexityAn environmental impact statement for a proposed agency action of extraordinary complexity shall not exceed 300 pages, not including any citations or appendices. (2) Environmental assessmentsAn environmental assessment shall not exceed 75 pages, not including any citations or appendices. (f) Sponsor preparationA lead agency shall prescribe procedures to allow a project sponsor to prepare an environmental assessment or an environmental impact statement under the supervision of the agency. Such agency may provide such sponsor with appropriate guidance and assist in the preparation. The lead agency shall independently evaluate the environmental document and shall take responsibility for the contents. (g) Deadlines(1) In generalExcept as provided in paragraph (2), with respect to a proposed agency action, a lead agency shall complete, as applicable—(A) the environmental impact statement 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 requires the issuance of an environmental impact statement 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 for such action; and (B) the environmental assessment 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 requires the preparation of an environmental assessment 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 for such action. (2) DelayA lead agency that determines it is not able to meet the deadline described in paragraph (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 or environmental assessment. (3) Petition to court(A) Right to petitionA project 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). (B) Court orderIf 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 generalThe head of each lead agency 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 and environmental impact statement that such lead agency did not complete by the deadline described in subsection (g); and (B) provides an explanation for any failure to meet such deadline. (2) InclusionsEach report submitted under paragraph (1) shall identify, as applicable—(A) the office, bureau, division, unit, or other entity within the Federal agency responsible for each such environmental assessment and environmental impact statement; (B) the date on which—(i) such lead agency notified the applicant that the application to establish a right-of-way for the major Federal action is complete; (ii) such lead agency began the scoping for the major Federal action; or (iii) such lead agency issued a notice of intent to prepare the environmental assessment or environmental impact statement for the major Federal action; and (C) when such environmental assessment and environmental impact statement is expected to be complete.

42 U.S.C. § 4336b Programmatic environmental document

When an agency prepares a programmatic environmental document for which judicial review was available, the agency may rely on the analysis included in the programmatic environmental document in a subsequent environmental document for related actions as follows: (1) Within 5 years and without additional review of the analysis in the programmatic environmental document, 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 and any underlying assumption to ensure reliance on the analysis remains valid.

42 U.S.C. § 4336c Adoption of categorical exclusions

An agency may adopt a categorical exclusion listed in another agency’s NEPA procedures for a category of proposed agency actions for which the categorical exclusion was established consistent with this paragraph. The agency shall— (1) identify the categorical exclusion listed in another agency’s NEPA procedures that covers a category of proposed actions or related actions; (2) consult with the agency that established the categorical exclusion to ensure that the proposed adoption of the categorical exclusion to a category of actions is appropriate; (3) identify to the public the categorical exclusion that the agency plans to use for its proposed actions; and (4) document adoption of the categorical exclusion.

42 U.S.C. § 4336d E-NEPA

(a) Permitting portal studyThe Council on Environmental Quality shall conduct a study and submit a report to Congress within 1 year of the enactment of this Act 11 See References in Text note below. 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 including, but not limited to, a unified permitting portal that would—(1) allow applicants to—(A) submit required documents or materials for their project 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 22 So in original. Probably should be “being”. 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 appropriationsThere is authorized to be appropriated $500,000 for the Council on Environmental Quality to carry out the study directed by this section.

42 U.S.C. § 4336e Definitions

In this subchapter: (1) Categorical exclusionThe 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 agencyThe 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) CouncilThe term “Council” means the Council on Environmental Quality established in subchapter II. (4) Environmental assessmentThe term “environmental assessment” means an environmental assessment prepared under section 4336(b)(2) of this title. (5) Environmental documentThe term “environmental document” means an environmental impact statement, an environmental assessment, or a finding of no significant impact. (6) Environmental impact statementThe 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 impactThe 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 agencyThe 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 generalThe 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 documentThe 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) ProposalThe 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 expertiseThe term “special expertise” means statutory responsibility, agency mission, or related program experience.

42 U.S.C. § 4336f Project sponsor opt-in fees for environmental reviews

(a) Process(1) Project sponsorA project sponsor that intends to pay a fee under this section for the preparation, or supervision of the preparation, of an environmental assessment or environmental impact statement for a project shall submit to the Council—(A) a description of the project; and (B) a declaration of whether the project sponsor intends to prepare the environmental assessment or environmental impact statement under section 4336a(f) of this title. (2) Council on Environmental QualityNot later than 15 days after the date on which the Council receives information described in paragraph (1) from a project sponsor, the Council shall provide to the project sponsor notice of the amount of the fee to be paid under this section, as determined under subsection (b). (3) Payment of feeA project sponsor may pay a fee under this section after receipt of the notice described in paragraph (2). (4) Deadline for environmental reviews for which a fee is paidNotwithstanding section 4336a(g)(1) of this title—(A) an environmental assessment 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 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. (b) Fee amountThe amount of a fee under this section shall be—(1) 125 percent of the anticipated costs to prepare the environmental assessment or environmental impact statement; and (2) in the case of an environmental assessment or environmental impact statement to be prepared in whole or in part by a project sponsor under section 4336a(f) of this title, 125 percent of the anticipated costs to supervise preparation of, and, as applicable, prepare, the environmental assessment or environmental impact statement.