7 CFR 799.18 - Overview of FSA NEPA process.

Regulations last checked for updates: May 18, 2024

Title 7 - Agriculture last revised: Nov 16, 2024

View all text of Subpart B [§ 799.5 - § 799.18]

§ 799.18 - Overview of FSA NEPA process.

If the proposed action:	FSA:
Is an emergency action	Follows the procedures in § 799.12
Is exempt from section 102(2)(C) of NEPA (42 U.S.C. 4332(2)(C)) by authorizing legislation for the program	Implements the action.
Is categorically excluded under § 799.31(b) or § 1b.3 of this title	Implements the action after recording the specific categorical exclusion on the ESW (no review needed).
Is a proposed action that has the potential to impact historic properties as specified in § 799.33(e) and therefore requires the completion of an ESW	Completes an ESW to determine if there will be an impact on historic properties. FSA will prepare an EA or EIS, as indicated, before implementing the action.
Is a categorically excluded proposed action listed in § 799.32 that requires the completion of an ESW	Completes an ESW to determine whether extraordinary circumstances are present, as defined in § 799.33. This review includes a determination of whether the proposed action will potentially impact protected resources. If there are no extraordinary circumstances, FSA implements the action; if there are extraordinary circumstances, FSA will prepare an EA or EIS, as indicated, before implementing the action.
Involves a category of proposed actions requiring an EA listed in § 799.41	Prepares an EA.
Involves a category of proposed actions requiring an EIS listed in § 799.51	Prepares an EIS.

authority: 42 U.S.C. 4321-4370.

source: 81 FR 51285, Aug. 3, 2016, unless otherwise noted.

cite as: 7 CFR 799.18

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