§ 4336e. Definitions

In this subchapter:

• (1) The 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) 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) The term “Council” means the Council on Environmental Quality established in subchapter II.
• (4) The term “environmental assessment” means an environmental assessment prepared under section 4336(b)(2) of this title .
• (5) The term “environmental document” means an environmental impact statement, an environmental assessment, or a finding of no significant impact.
• (6) The term “environmental impact statement” means a detailed written statement that is required by section 4332(2)(C) of this title .
• (7) 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) The term “participating Federal agency” means a Federal agency participating in an environmental review or authorization of an action.
• (9) 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)
  • (A) 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) The 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 1 1 So in original. The word “and” probably should not appear. of the Small Business Act ( U.S.C. 636(a)), 2 2 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) The 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) The 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) The term “special expertise” means statutory responsibility, agency mission, or related program experience.