# § 4336e. Definitions
In this subchapter:
**(1)** **Categorical exclusion** section 4332(2)(C) of this title
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 .
**(2)** **Cooperating agency** section 4336a(a)(3) of this title
The term “cooperating agency” means any Federal, State, Tribal, or local agency that has been designated as a cooperating agency under .
**(3)** **Council** The term “Council” means the Council on Environmental Quality established in subchapter II.
**(4)** **Environmental assessment** section 4336(b)(2) of this title
The term “environmental assessment” means an environmental assessment prepared under .
**(5)** **Environmental document** The term “environmental document” means an environmental impact statement, an environmental assessment, or a finding of no significant impact.
**(6)** **Environmental impact statement** section 4332(2)(C) of this title
The term “environmental impact statement” means a detailed written statement that is required by .
**(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 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;
**2** business loan guarantees provided by the Small Business Administration pursuant to section 7(a) or (b) and [^1] of the Small Business Act ( U.S.C. 636(a)),[^2]15 U.S.C. 636(a) or title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.);
So in original. The word “and” probably should not appear.
So in original. Probably should refer to
, (b).
**(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)** **Programmatic environmental document** 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)** **Proposal** 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)** **Special expertise** The term “special expertise” means statutory responsibility, agency mission, or related program experience.
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**Source Credit**: (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 , , . 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 and Tables.