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42 U.S.C. §§ 4321–4347 — National Environmental Policy Act

§4336. Procedure for determination of level of review

42 U.S.C. §§ 4321–4347 — National Environmental Policy Act · 2026 edition · updated 2026-07-29 · United States

(a) Threshold determinations

An 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 statement

An 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 assessment

An 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 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.

(Pub. L. 91–190, title I, §106, as added Pub. L. 118–5, div. C, title III, §321(b), June 3, 2023, 137 Stat. 39.)

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▸ Contents — 42 U.S.C. §§ 4321–4347 — National Environmental Policy Act
42 U.S.C. §§ 4321–4347 — National Environmental Policy Act
  1. ▸ 42 U.S.C. §§ 4321–4347 — National Environmental Policy Act
    Overview
    1. §4321. Congressional declaration of purpose
    2. §4331. Congressional declaration of national environmental pol…
    3. §4332. Cooperation of agencies; reports; availability of infor…
    4. §4332a. Repealed. Pub. L. 114–94, div. A, title I, §1304(j)(2)…
    5. §4333. Conformity of administrative procedures to national env…
    6. §4334. Other statutory obligations of agencies
    7. §4335. Efforts supplemental to existing authorizations
    8. §4336. Procedure for determination of level of review
    9. §4336a. Timely and unified Federal reviews
    10. §4336b. Programmatic environmental document
    11. §4336c. Adoption of categorical exclusions
    12. §4336d. E-NEPA
    13. §4336e. Definitions
    14. §4336f. Project sponsor opt-in fees for environmental reviews
    15. §4341. Omitted
    16. §4342. Establishment; membership; Chairman; appointments
    17. §4343. Employment of personnel, experts and consultants
    18. §4344. Duties and functions
    19. §4345. Consultation with Citizens' Advisory Committee on Envir…
    20. §4346. Tenure and compensation of members
    21. §4346a. Travel reimbursement by private organizations and Fede…
    22. §4346b. Expenditures in support of international activities
    23. §4347. Authorization of appropriations
    24. §§4361, 4361a. Repealed. Pub. L. 104–66, title II, §2021(k)(1)…
    25. §4370m–1. Federal Permitting Improvement Steering Council
    26. §4370m–2. Permitting process improvement
    27. §4370m–3. Interstate compacts
    28. §4370m–4. Coordination of required reviews
    29. §4370m–5. Delegated State permitting programs
    30. §4370m–6. Litigation, judicial review, and savings provision
    31. §4370m–7. Reports
    32. §4370m–8. Funding for governance, oversight, and processing of…
    33. §4370m–9. Application
    34. §4370m–10. GAO report
    35. §4370m–11. Savings provision

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