(a) FSA uses the ESW as an initial screening tool to evaluate record the use of a categorical exclusion for a proposed action and to determine the required type of environmental review.

(b) Review with the ESW is not required for proposed actions that are categorically excluded as specified in §799.31(b) or §1b.3 of this title, or for proposed actions where FSA determines at an early stage that there is a need to prepare an EA or EIS.