42 U.S. Code § 4336

Procedure for determination of level of review

42 U.S. Code § 4336. Procedure for determination of level of review

(a) Threshold determinationsAn agency is not required to prepare an environmental document with respect to a proposed agency action if—
(1)
the proposed agency action is not a final agency action within the meaning of such term in chapter 5 of title 5;
(2)
the proposed agency action is excluded pursuant to one of the agency’s categorical exclusions, another agency’s categorical exclusions consistent with section 4336c of this title, or another provision of law;
(3)
the preparation of such document would clearly and fundamentally conflict with the requirements of another provision of law; or
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