with no or minimal Federal funding; or

with no or minimal Federal involvement where a Federal agency cannot control the outcome of the project;

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;

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;

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 or title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.);

bringing judicial or administrative civil or criminal enforcement actions;

extraterritorial activities or decisions, which means agency activities or decisions with effects located entirely outside of the jurisdiction of the United States; or

activities or decisions that are non-discretionary and made in accordance with the agency’s statutory authority.