16 U.S.C. § 6236 — Ministerial issuance, or amendment authorization
submitted 23 years ago by Pub. L. 108-7 to r/title-16-CONSERVATION · 157 words · no verdicts yet
A ministerial organizational-camp authorization issuance or amendment is outside NEPA only when it does not change the physical environment or the authorized operations and meets one listed condition. The conditions involve a change in control, renewal after expiration, or specified administrative or nondiscretionary legal changes.
(a) NEPA exception. A ministerial issuance or amendment of an organizational-camp special-use authorization is not subject to the National Environmental Policy Act of 1969.
(b) Meaning of ministerial. It qualifies only if it would not change the physical environment or the operations’ activities, facilities, or program, and at least one condition applies: (1) it follows a change in control* of the existing authorization holder; (2) after expiration, the holder receives a new authorization; or (3) it amends the authorization (A) for administrative changes such as changing the land-use fee or converting to a new authorization form, or (B) to include nondiscretionary environmental standards or conform to current law.
The ministerial issuance or amendment of an organizational camp* special use authorization shall not be subject to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
For purposes of subsection (a), the ministerial issuance or amendment of an authorization occurs only when the issuance or amendment of the authorization would not change the physical environment or the activities, facilities, or program of the operations governed by the authorization, and at least one of the following apply:
The authorization is issued upon a change in control* of the holder of an existing authorization.
The holder, upon expiration of an authorization, is issued a new authorization.
The authorization is amended—
to effectuate administrative changes, such as modification of the land use fee or conversion to a new special use authorization form; or
to include nondiscretionary environmental standards or to conform with current law.
Source credit: (Pub. L. 108–7, div. F, title V, § 507, Feb. 20, 2003, 117 Stat. 297.)
- 2003Enacted · Pub. L. 108-7 · 117 Stat. 297
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-7 on 2003-02-20.
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