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Current as of October 02, 2022 | Updated by FindLaw Staff
The Agency may issue a FONSI or a revised FONSI only if the EA or supplemental EA supports the finding that the proposed action will not have a significant effect on the human environment. If the EA does not support a FONSI, the Agency will follow the requirements of subpart D of this part before taking action on the proposal.
(a) A FONSI must include:
(1) A summary of the supporting EA consisting of a brief description of the proposed action, the alternatives considered, and the proposal's impacts;
(2) A notation of any other EAs or EISs that are being or will be prepared and that are related to the EA;
(3) A brief discussion of why there would be no significant impacts;
(4) Any mitigation essential to finding that the impacts of the proposed action would not be significant;
(5) The date issued; and
(6) The signature of the appropriate Agency approval official.
(b) The Agency must ensure that the applicant has committed to any mitigation that is necessary to support a FONSI and possesses the authority and ability to fulfill those commitments. The Agency must ensure that mitigation, and, if appropriate, a mitigation plan that is necessary to support a FONSI, is made a condition of financial assistance.
(c) The Agency must make a FONSI available to the public as provided at 40 CFR 1501.4(e) and 1506.6.
(d) The Agency may revise a FONSI at any time provided that the revision is supported by an EA or a supplemental EA. A revised FONSI is subject to all provisions of this section.
Cite this article: FindLaw.com - Code of Federal Regulations Title 7. Agriculture § 7.1970.104 Finding of No Significant Impact - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-7-agriculture/cfr-sect-7-1970-104/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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