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

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

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

(a) Process

(1) Project sponsor

A 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 Quality

Not 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 fee

A 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 paid

Notwithstanding 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 amount

The 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.

(Pub. L. 91–190, title I, §112, as added Pub. L. 119–21, title VI, §60026, July 4, 2025, 139 Stat. 157.)

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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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