(a) NEPA applies to major Federal actions as defined in section 111(10) of NEPA, 42 U.S.C. 4336e (10). The terms “major” and “Federal action,” each have independent force. NEPA applies only when both criteria are met. Such a determination is inherently bound up in the facts and circumstances of each individual situation and is thus reserved to the discretion of NASA in each instance.

(b) NASA will determine that NEPA does not apply to a proposed agency action when:

(1) The activities or decision do not result in final agency action under the Administrative Procedure Act, see 5 U.S.C. 704,or.

(2) The proposed activity or decision is exempted from NEPA by law.

(3) Compliance with NEPA would clearly and fundamentally conflict with the requirements of another provision of law.

(4) In circumstances where Congress by statute has prescribed decisional criteria with sufficient completeness and precision such that NASA retains no residual discretion to alter its action based on the consideration of environmental factors, thus that function of NASA is nondiscretionary within the meaning of NEPA sec. 106(a)(4) and/or sec. 111(10)(B)(vii) (42 U.S.C. 4336(a)(4) and 4336e(10)(B)(vii), respectively), and NEPA does not apply to the action in question.

(5) The proposed action is an action for which another statute's requirements serve the function of agency compliance with the Act.

(6) NEPA does not apply to response actions taken under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. 9601 et seq.).

(a) If NASA determines that NEPA applies to a proposed activity or decision, NASA will then determine the appropriate level of NEPA review in the following sequence and manner. At all steps in the following process, NASA will consider the proposed action or project at hand and its effects.

(1) If NASA has established, or adopted pursuant to NEPA sec. 109, 42 U.S.C. 4336c,a,NASA,if,pursuant.3 of this part.

(2) If another agency has already established a categorical exclusion that covers the proposed action, NASA will commence the process to adopt that exclusion pursuant to § 1216.300(c) so that it can be applied to the proposed action at issue, and to future activities or decisions of that type.

(3) If the proposed action warrants the establishment of a new categorical exclusion, or the revision of an existing categorical exclusion, NASA will consider whether to establish or revise and then apply the categorical exclusion to the proposed action and to future activities or decisions of that type.

(4) If NASA or another Federal agency has already analyzed the proposed action in an existing environmental assessment or environmental impact statement, NASA will consider the options outlined in § 1216.602 and rely on the existing NEPA analysis.

(5) If NASA cannot apply a categorical exclusion to or rely on an existing NEPA analysis for the proposed action, NASA will consider the proposed action's reasonably foreseeable effects consistent with paragraph (b) of this section, and then will:

(i) If the proposed action is not likely to have reasonably foreseeable significant effects or the significance of the effects is unknown, develop an environmental assessment, as described in subpart 1216.4 of this part; or

(ii) If the proposed action is likely to have reasonably foreseeable significant effects, develop an environmental impact statement, as described in subpart 1216.5 of this part.

(b) When considering whether the reasonably foreseeable effects of the proposed action are significant, NASA will analyze the potentially affected environment and degree of the effects of the action. NASA may use any reliable data source and will not undertake new research unless it is essential to evaluating alternatives and the cost and time of obtaining it are not unreasonable.

(1) In considering the potentially affected environment, NASA may consider, as appropriate to the specific action, the scope of affected area (national, regional, or local) and its resources (e.g., natural, cultural, and socioeconomic resources; and environmental media).

(2) In considering the degree of the effects, NASA may consider the following, as appropriate to the specific action:

(i) Both short- and long-term effects.

(ii) Both beneficial and adverse effects.

(iii) Effects on public health and safety.

(iv) Economic effects.

(v) Effects on the quality of life of the American people.

(a) Planning. NEPA is a procedural statute intended to ensure Federal agencies consider the environmental impacts of their proposed actions in the decision-making process. Full and early integration of the NEPA process with NASA project and program planning improves agency decisions.

(b) Limitations on actions during the NEPA process. Except as provided in paragraph (c) of this section, until NASA issues a record of decision or finding of no significant impact, or makes a categorical exclusion determination, as applicable, NASA will take no action concerning a proposed action that would have an adverse environmental effect; or limit the choice of reasonable alternatives.

(c) Actions developed by non-Federal project sponsor. If NASA is considering a proposed action from a non-Federal entity and becomes aware that the non-Federal project sponsor is about to take an action within NASA's jurisdiction that would meet either of the criteria in paragraph (b) of this section, NASA will promptly notify the non-Federal project sponsor that NASA will take appropriate action to ensure that the objectives and procedures of NEPA are achieved. This section does not preclude development by non-Federal project sponsors of plans or designs or performance of other activities necessary to support an application for Federal, State, Tribal, or local permits or assistance. When considering a proposed action for Federal funding, NASA may authorize such activities, including but not limited to, acquisition of interests in land (e.g., fee simple, rights-of-way, and conservation easements), purchase of long lead-time equipment, and purchase options made by non-Federal project sponsors.

(d) Non-Federal project sponsor preparation of environmental documents. A non-Federal project sponsor may prepare an environmental assessment or environmental impact statement under NASA's supervision. NASA's requirements for third-party- prepared environmental assessments and environmental impact statements are included in subpart 1216.8 of this part. For proposed actions that are initially developed by non-Federal entities, NASA will:

(1) Coordinate with the non-Federal project sponsor at the earliest reasonable time in the planning process to inform the project sponsor what information NASA will need to comply with NEPA and establish a schedule for completing steps in the NEPA review process, consistent with NEPA's statutory deadlines and any internal agency NEPA schedule requirements.

(2) Begin the NEPA process by determining whether NEPA applies, as described in § 1216.200, and if it does, determine the appropriate level of NEPA review, as described in § 1216.201.

(e) Real Estate Actions. NASA must comply with this subpart when considering issuance of a permit, license, enhanced use lease (EUL), easement, right of way, or grant, to a Federal or a non-Federal party, as may be applicable, and seek such Federal or non-Federal party's assistance in obtaining necessary information and completing the NEPA process.