Code of Federal Regulations Title 7. Agriculture § 7.799.18 Overview of FSA NEPA process

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.