7 CFR § 799.18
Overview of FSA NEPA process
July 6, 2020
Open Table
| 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. |
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