36 CFR § 907.7 - Determination of requirement for EIS.
§ 907.7 Determination of requirement for EIS.
Determining whether to prepare an environmental impact statement is the first step in applying the NEPA process. In deciding whether to prepare an environmental impact statement, the responsible Corporation official will determine whether the proposal is one that:
(a) Normally requires an environmental impact statement.
(b) Normally does not require either an environmental impact statement or an environmental assessment (categorical exclusion).
(c) Normally requires an environmental assessment, but not necessarily an environmental impact statement.