40 CFR 1508.18 - Major Federal action.
Major Federal action includes actions with effects that may be major and which are potentially subject to Federal control and responsibility. Major reinforces but does not have a meaning independent of significantly (§ 1508.27). Actions include the circumstance where the responsible officials fail to act and that failure to act is reviewable by courts or administrative tribunals under the Administrative Procedure Act or other applicable law as agency action.
(a) Actions include new and continuing activities, including projects and programs entirely or partly financed, assisted, conducted, regulated, or approved by federal agencies; new or revised agency rules, regulations, plans, policies, or procedures; and legislative proposals (§§ 1506.8, 1508.17). Actions do not include funding assistance solely in the form of general revenue sharing funds, distributed under the State and Local Fiscal Assistance Act of 1972, 31 U.S.C. 1221 et seq., with no Federal agency control over the subsequent use of such funds. Actions do not include bringing judicial or administrative civil or criminal enforcement actions.
(b) Federal actions tend to fall within one of the following categories:
(1) Adoption of official policy, such as rules, regulations, and interpretations adopted pursuant to the Administrative Procedure Act, 5 U.S.C. 551 et seq.; treaties and international conventions or agreements; formal documents establishing an agency's policies which will result in or substantially alter agency programs.
(2) Adoption of formal plans, such as official documents prepared or approved by federal agencies which guide or prescribe alternative uses of Federal resources, upon which future agency actions will be based.
(3) Adoption of programs, such as a group of concerted actions to implement a specific policy or plan; systematic and connected agency decisions allocating agency resources to implement a specific statutory program or executive directive.
(4) Approval of specific projects, such as construction or management activities located in a defined geographic area. Projects include actions approved by permit or other regulatory decision as well as federal and federally assisted activities.
- 7 CFR 650.4 — Definition of Terms.
- 10 CFR 51.14 — Definitions.
- 10 CFR 1021.104 — Definitions.
- 10 CFR 1021.330 — Programmatic (Including Site-Wide) NEPA Documents.
- 16 CFR 1.82 — Declaration of Policy.
- 18 CFR 707.4 — Definitions.
- 21 CFR 25.5 — Terminology.
- 24 CFR 50.16 — Decision Points for Policy Actions.
- 29 CFR 11.10 — Identification of Agency Actions.
- 32 CFR 651.33 — Actions Normally Requiring an EA.
- 32 CFR 775.6 — Planning Considerations.
- 36 CFR 220.4 — General Requirements.
- 43 CFR 46.100 — Federal Action Subject to the Procedural Requirements of NEPA.
- 43 CFR 46.200 — Applying NEPA Early.
- 43 CFR 46.210 — Listing of Departmental Categorical Exclusions.
- 44 CFR 10.8 — Determination of Requirement for Environmental Review.
- 49 CFR 1105.5 — Determinative Criteria.