Code of Federal Regulations Title 36. Parks, Forests, and Public Property § 36.805.5 Typical classes of action

(a) Section 1507.3(c)(2) (40 CFR 1507.3(c)(2)) in conjunction with § 1508.4 requires agencies to establish three typical classes of action for similar treatment under NEPA:  actions normally requiring EIS;  actions normally requiring assessments but not necessarily EISs;  and actions normally not requiring assessments or EISs. Each of the covered categories of Council actions generally falls within the second category, normally requiring an assessment but not necessarily an EIS.

(b) The Council shall independently determine whether an EIS or an environmental assessment is required where: