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e-CFR data is current as of June 30, 2020

Title 7Subtitle BChapter VIISubchapter GPart 799Subpart B → §799.18


Title 7: Agriculture
PART 799—COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT
Subpart B—FSA and Program Participant Responsibilities


§799.18   Overview of FSA NEPA process.

If the proposed action:FSA:
Is an emergency actionFollows 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 programImplements the action.
Is categorically excluded under §799.31(b) or §1b.3 of this titleImplements 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 ESWCompletes 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 ESWCompletes 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 §799.41Prepares an EA.
Involves a category of proposed actions requiring an EIS listed in §799.51Prepares an EIS.

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