[Code of Federal Regulations]
[Title 7, Volume 7, Parts 700 to 899]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR799.9]

[Page 503-504]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 799--ENVIRONMENTAL QUALITY AND RELATED ENVIRONMENTAL CONCERNS--COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT--Table of Contents
 
Sec. 799.9  Ensuring that environmental factors are considered in agency decisionmaking.

    (a) The NEPA regulations at 40 CFR 1501.1 contain requirements to 
ensure adequate consideration of environmental factors in 
decisionmaking. To fulfill these requirements, FSA officials shall:
    (1) Consider all relevant environmental factors in evaluating 
proposals for agency action;
    (2) Make all relevant environmental documents, comments and 
responses part of the record in formal rulemaking or adjudicatory 
proceedings.
    (3) Ensure that all relevant environmental documents, comments and 
responses accompany the proposal through existing review processes;
    (4) Consider only those alternatives encompassed by the range of 
alternatives discussed in the relevant environmental documents when 
evaluating proposals for agency action.
    (5) Where an EIS has been prepared, consider the specific 
alternatives analyzed in the EIS when evaluating the proposal which is 
the subject of the EIS.
    (b) The four categories of FSA activities that have or are likely to 
have significant environment impacts on the human environment are:
    (1) Legislative proposals.
    (2) Initial program implementation.
    (3) Major changes in ongoing programs.
    (4) Major environmental concerns with ongoing programs.
    (c) Initial NEPA involvement in program categories in paragraph (b) 
of this section shall begin at the time FSA begins developing proposed 
legislation, begins the planning stage for implementing a new or changed 
program or receives notice that an ongoing program may have a 
significant adverse impact on the quality of the human environment. 
Where a legislative EIS or environmental assessment is part of the 
formal transmittal of a legislative program proposal to Congress, such 
legislative EIS or assessment may negate the need for the subsequent 
preparation of a program impact statement when FSA implements the 
resulting program. The decision whether such additional statement is 
needed will be made by an interdisciplinary team. The NEPA process on 
legislative proposals and FSA programs is carried out at the national 
level.
    (d) Individual farm participation in FSA programs will normally not 
require any major involvement with the NEPA process. The practices 
carried out under FSA programs that might have impacts on the quality of 
the human environment will normally have been discussed in environmental 
assessments or impact statements on the applicable programs. However, 
for those practices that might significantly affect the quality of the 
human environment, the county committee

[[Page 504]]

shall make an environmental evaluation before approval. If the 
environmental evaluation shows that the implementation of a proposed FSA 
practice on an individual farm will have significant adverse affects on 
the quality of the human environment, the county committee will not 
approve the practice implementation until after the completion of the 
NEPA-EIS process in accordance with this part. For those actions for 
which technical assistance is provided by an agency other than FSA, and 
such technical agency is required by its regulations to implement NEPA 
requirements when providing such assistance, the county committee shall 
use the environmental determination and considerations of such agency 
instead of duplicating the NEPA-EIS process. Individual farm 
participation in acreage set-aside, acreage allotments, price support 
and loans and other similar or related programs will not significantly 
affect the quality of the human environment.
    (e) Pooling agreements and special projects carried out under 
several FSA programs involving two or more farmers in a local geographic 
area will not normally require any major involvement with the NEPA 
process. However, the county committee shall, with the assistance of a 
local interdisciplinary team, as necessary, make an environmental 
evaluation of proposed pooling agreements or special projects that have 
a potential for significantly affecting the quality of the human 
environment. The NEPA process shall begin with the initial involvement 
of FSA personnel in the planning or development of pooling agreements or 
special projects. If it is determined from an environmental evaluation 
that the implementation of a proposed pooling agreement or a proposed 
special project will have a significant adverse impact on the quality of 
the human environment, the completion of the NEPA-EIS process in 
accordance with these regulations will be necessary before approval. For 
those actions for which technical assistance is provided by an agency 
other than FSA and such technical agency is required by its regulations 
to implement NEPA when providing such assistance the county committee 
shall use the environmental determinations and considerations of such 
agency instead of duplicating the NEPA-EIS process.