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42 U.S.C. §§ 4321–4347 — National Environmental Policy Act§§4361, 4361a. Repealed. Pub. L. 104–66, title II, §2021(k)(1), (2), Dec. 21, 1995, 109 Stat. 728

§4370c. Environmental Protection Agency fees

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

(a) Assessment and collection

The Administrator of the Environmental Protection Agency shall, by regulation, assess and collect fees and charges for services and activities carried out pursuant to laws administered by the Environmental Protection Agency.

(b) Amount of fees and charges

Fees and charges assessed pursuant to this section shall be in such amounts as may be necessary to ensure that the aggregate amount of fees and charges collected pursuant to this section, in excess of the amount of fees and charges collected under current law—

(1) in fiscal year 1991, is not less than $28,000,000; and

(2) in each of fiscal years 1992, 1993, 1994, and 1995, is not less than $38,000,000.

(c) Limitation on fees and charges

(1) The maximum aggregate amount of fees and charges in excess of the amounts being collected under current law which may be assessed and collected pursuant to this section in a fiscal year—

(A) for services and activities carried out pursuant ot 1 the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.] is $10,000,000; and

(B) for services and activities in programs within the jurisdiction of the House Committee on Energy and Commerce and administered by the Environmental Protection Agency through the Administrator, shall be limited to such sums collected as of November 5, 1990, pursuant to sections 2625(b) and 2665(e)(2) 2 of title 15, and such sums specifically authorized by the Clean Air Act Amendments of 1990.

(2) Any remaining amounts required to be collected under this section shall be collected from services and programs administered by the Environmental Protection Agency other than those specified in subparagraphs (A) and (B) of paragraph (1).

(d) Rule of construction

Nothing in this section increases or diminishes the authority of the Administrator to promulgate regulations pursuant to section 9701 of title 31.

(e) Uses of fees

Fees and charges collected pursuant to this section shall be deposited into a special account for environmental services in the Treasury of the United States. Subject to appropriation Acts, such funds shall be available to the Environmental Protection Agency to carry out the activities for which such fees and charges are collected. Such funds shall remain available until expended.

(Pub. L. 101–508, title VI, §6501, Nov. 5, 1990, 104 Stat. 1388–320.)

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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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