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Title 42 — The Public Health and Welfare

Chapter 55 — National Environmental Policy

§ 4336b. Programmatic environmental document

Statutory text

When an agency prepares a programmatic environmental document for which judicial review was available, the agency may rely on the analysis included in the programmatic environmental document in a subsequent environmental document for related actions as follows:

(1)

Within 5 years and without additional review of the analysis in the programmatic environmental document, unless there are substantial new circumstances or information about the significance of adverse effects that bear on the analysis.

(2)

After 5 years, so long as the agency reevaluates the analysis in the programmatic environmental document and any underlying assumption to ensure reliance on the analysis remains valid.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Environmental Policy Act of 1969

    Pub. L. 91–190 title I § 108 · 83 Stat. 852

    Enacted · 42 U.S.C. § 4336b

    (Pub. L. 91–190, title I, § 108, as added Pub. L. 118–5, div. C, title III, § 321(b), June 3, 2023, 137 Stat. 43.)

    Source evidence

    Code source credit
    (Pub. L. 91–190, title I, § 108, as added Pub. L. 118–5, div. C, title III, § 321(b), June 3, 2023, 137 Stat. 43.)

0 of 1 references resolved to an enrolled provision · 1 partial

Credits

(Pub. L. 91–190, title I, § 108, as added Pub. L. 118–5, div. C, title III, § 321(b), , 137 Stat. 43.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s4336b