40 CFR 1501.4 - Whether to prepare an environmental impact statement.
In determining whether to prepare an environmental impact statement the Federal agency shall:
(a) Determine under its procedures supplementing these regulations (described in § 1507.3) whether the proposal is one which:
(1) Normally requires an environmental impact statement, or
(2) Normally does not require either an environmental impact statement or an environmental assessment (categorical exclusion).
(b) If the proposed action is not covered by paragraph (a) of this section, prepare an environmental assessment (§ 1508.9). The agency shall involve environmental agencies, applicants, and the public, to the extent practicable, in preparing assessments required by § 1508.9(a)(1).
(c) Based on the environmental assessment make its determination whether to prepare an environmental impact statement.
(d) Commence the scoping process (§ 1501.7), if the agency will prepare an environmental impact statement.
(e) Prepare a finding of no significant impact (§ 1508.13), if the agency determines on the basis of the environmental assessment not to prepare a statement.
(1) The agency shall make the finding of no significant impact available to the affected public as specified in § 1506.6.
(2) In certain limited circumstances, which the agency may cover in its procedures under § 1507.3, the agency shall make the finding of no significant impact available for public review (including State and areawide clearinghouses) for 30 days before the agency makes its final determination whether to prepare an environmental impact statement and before the action may begin. The circumstances are:
(i) The proposed action is, or is closely similar to, one which normally requires the preparation of an environmental impact statement under the procedures adopted by the agency pursuant to § 1507.3, or
(ii) The nature of the proposed action is one without precedent.
- 7 CFR 3407.11 — Preparation of Environmental Impact Statements.
- 7 CFR 1970.104 — Finding of No Significant Impact.
- 7 CFR 650.12 — NRCS Decisionmaking.
- 10 CFR 1021.322 — Findings of No Significant Impact.
- 10 CFR 1021.321 — Requirements for Environmental Assessments.
- 10 CFR 1022.4 — Definitions.
- 21 CFR 25.51 — Environmental Assessments and Findings of No Significant Impact.
- 23 CFR 771.119 — Environmental Assessments.
- 24 CFR 58.37 — Environmental Impact Statement Determinations.
- 29 CFR 11.11 — Development of Environmental Analyses and Documents.
- 6 CFR 989.15 — Finding of No Significant Impact.
- 6 CFR 989.16 — Environmental Impact Statement.
- 32 CFR 775.11 — Public Participation.
- 32 CFR 651.36 — Public Involvement.
- 6 CFR 989.14 — Environmental Assessment.
- 33 CFR 230.11 — Finding of No Significant Impact (FONSI).
- 40 CFR 6.203 — Public Participation.
- 41 CFR 51-7.2 — Early Involvement in Private, State, and Local Activities Requiring Federal Approval.
- 43 CFR 46.305 — Public Involvement in the Environmental Assessment Process.
- 43 CFR 10010.60 — Actions Normally Requiring an EIS.
- 44 CFR 10.9 — Preparation of Environmental Assessments.
- 47 CFR 1.1308 — Consideration of Environmental Assessments (EAs); Findings of No Significant Impact.