42 U.S.C. § 4336e — Definitions

Page 6145 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4336e 2 So in original. Probably should be ‘‘being’’. 1 So in original. The word ‘‘and’’ probably should not appear. system displays, and three-dimensional renderings; and (D) track the progress of individual appli- cations; (2) include a cloud based, digital tool for more complex reviews that would enhance interagency coordination in consultation by— (A) centralizing, across all necessary agen- cies, the data, visuals, and documents, in- cluding but not limited to geographic infor- mation system displays, other visual renderings, and completed reports and anal- yses 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 uni- fied portal; (D) generating analytical reports to aid in organizing and cataloguing public com- ments; and (E) be 2 accessible on mobile devices; (3) boost transparency in agency processes and present information suitable for a lay au- dience, 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 appropriations There is authorized to be appropriated $500,000 for the Council on Environmental Quality to carry out the study directed by this section. (Pub. L. 91–190, title I, § 110, as added Pub. L. 118–5, div. C, title III, § 321(b), June 3, 2023, 137 Stat. 44.) Editorial Notes REFERENCES IN TEXT The enactment of this Act, referred to in subsec. (a), probably means the enactment of Pub. L. 118–5, which added this section to title I of Pub. L. 91–190 and was approved June 3, 2023. § 4336e. Definitions In this subchapter: (1) Categorical exclusion The term ‘‘categorical exclusion’’ means a category of actions that a Federal agency has determined normally does not significantly af- fect the quality of the human environment within the meaning of section 4332(2)(C) of this title. (2) Cooperating agency The 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) Council The term ‘‘Council’’ means the Council on Environmental Quality established in sub- chapter II. (4) Environmental assessment The term ‘‘environmental assessment’’ means an environmental assessment prepared under section 4336(b)(2) of this title. (5) Environmental document The term ‘‘environmental document’’ means an environmental impact statement, an envi- ronmental assessment, or a finding of no sig- nificant impact. (6) Environmental impact statement The term ‘‘environmental impact state- ment’’ means a detailed written statement that is required by section 4332(2)(C) of this title. (7) Finding of no significant impact The 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 agency The term ‘‘participating Federal agency’’ means a Federal agency participating in an environmental review or authorization of an action. (9) Lead agency The 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 general The term ‘‘major Federal action’’ means an action that the agency carrying out such action determines is subject to substantial Federal control and responsibility. (B) Exclusion The term ‘‘major Federal action’’ does not include— (i) a non-Federal action— (I) with no or minimal Federal fund- ing; or (II) with no or minimal Federal in- volvement where a Federal agency can- not 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 subse- quent use of such funds; (iii) loans, loan guarantees, or other forms of financial assistance where a Fed- eral agency does not exercise sufficient control and responsibility over the subse- quent use of such financial assistance or the effect of the action; (iv) business loan guarantees provided by the Small Business Administration pursu- ant to section 7(a) or (b) and 1 of the Small Page 6146 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4341 2 So in original. Probably should refer to 15 U.S.C. 636(a), (b). Business Act ( U.S.C. 636(a)),2 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 deci- sions, which means agency activities or decisions with effects located entirely out- side 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 document The term ‘‘programmatic environmental document’’ means an environmental impact statement or environmental assessment ana- lyzing 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 ac- tion 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 expertise The term ‘‘special expertise’’ means statu- tory responsibility, agency mission, or related program experience. (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.) 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. SUBCHAPTER II—COUNCIL ON ENVIRONMENTAL QUALITY § 4341. Omitted Editorial Notes CODIFICATION Section, Pub. L. 91–190, title II, § 201, Jan. 1, 1970, 83 Stat. 854, which required the President to transmit to Congress annually an Environmental Quality Report, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, item 1 on page 41 of House Document No. 103–7. § 4342. Establishment; membership; Chairman; appointments There is created in the Executive Office of the President a Council on Environmental Quality (hereinafter referred to as the ‘‘Council’’). The Council shall be composed of three members who shall be appointed by the President to serve at his pleasure, by and with the advice and consent of the Senate. The President shall designate one of the members of the Council to serve as Chair- man. Each member shall be a person who, as a result of his training, experience, and attain- ments, is exceptionally well qualified to analyze and interpret environmental trends and infor- mation of all kinds; to appraise programs and activities of the Federal Government in the light of the policy set forth in subchapter I of this chapter; to be conscious of and responsive to the scientific, economic, social, esthetic, and cultural needs and interests of the Nation; and to formulate and recommend national policies to promote the improvement of the quality of the environment. (Pub. L. 91–190, title II, § 202, Jan. 1, 1970, 83 Stat. 854.) Statutory Notes and Related Subsidiaries COUNCIL ON ENVIRONMENTAL QUALITY; REDUCTION OF MEMBERS Provisions stating that notwithstanding this section, the Council was to consist of one member, appointed by the President, by and with the advice and consent of the Senate, serving as chairman and exercising all pow- ers, functions, and duties of the Council, were con- tained in the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006, Pub. L. 109–54, title III, Aug. 2, 2005, 119 Stat. 543, and were re- peated in provisions of subsequent appropriations acts which are not set out in the Code. Similar provisions were also contained in the following prior appropria- tions acts: Pub. L. 108–447, div. I, title III, Dec. 8, 2004, 118 Stat. 3332. Pub. L. 108–199, div. G, title III, Jan. 23, 2004, 118 Stat. 408. Pub. L. 108–7, div. K, title III, Feb. 20, 2003, 117 Stat. 514. Pub. L. 107–73, title III, Nov. 26, 2001, 115 Stat. 686. Pub. L. 106–377, § 1(a)(1) [title III], Oct. 27, 2000, 114 Stat. 1441, 1441A–45. Pub. L. 106–74, title III, Oct. 20, 1999, 113 Stat. 1084. Pub. L. 105–276, title III, Oct. 21, 1998, 112 Stat. 2500. Pub. L. 105–65, title III, Oct. 27, 1997, 111 Stat. 1375. § 4343. Employment of personnel, experts and consultants (a) The Council may employ such officers and employees as may be necessary to carry out its functions under this chapter. In addition, the Council may employ and fix the compensation of such experts and consultants as may be nec- essary for the carrying out of its functions under this chapter, in accordance with section 3109 of title 5 (but without regard to the last sentence thereof). (b) Notwithstanding section 1342 of title 31, the Council may accept and employ voluntary and uncompensated services in furtherance of the purposes of the Council. (Pub. L. 91–190, title II, § 203, Jan. 1, 1970, 83 Stat. 855; Pub. L. 94–52, § 2, July 3, 1975, 89 Stat. 258.) Editorial Notes REFERENCES IN TEXT The last sentence of section 3109 of title 5, referred to in subsec. (a), probably means the last sentence of sec- tion 3109(b) of title 5, which was the last sentence of