[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR10.9]

[Page 108-109]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
             CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY
 
PART 10--ENVIRONMENTAL CONSIDERATIONS--Table of Contents
 
                Subpart B--Agency Implementing Procedures
 
Sec. 10.9  Preparation of environmental assessments.

    (a) When to prepare. The Regional Director shall begin preparation 
of an environmental assessment as early as possible after the 
determination that an assessment is required. The Regional Director may 
prepare an environmental assessment at any time to assist planning and 
decision-making.
    (b) Content and format. The environmental assessment is a concise 
public document to determine whether to prepare an environmental impact 
statement, aiding in compliance with NEPA when no EIS is necessary, and 
facilitating preparation of a statement when one is necessary. 
Preparation of an environmental assessment generally will not require 
extensive research or lengthy documentation. The environmental 
assessment shall contain brief discussion of the following:
    (1) Purpose and need for the proposed action.
    (2) Description of the proposed action.
    (3) Alternatives considered.
    (4) Environmental impact of the proposed action and alternatives.

[[Page 109]]

    (5) Listing of agencies and persons consulted.
    (6) Conclusion of whether to prepare an environmental impact 
statement.
    (c) Public participation. The Regional Director shall involve 
environmental agencies, applicants, and the public, to the extent 
practicable, in preparing environmental assessments. In determining ``to 
the extent practicable,'' the Regional Director shall consider:
    (1) Magnitude of the proposal;
    (2) Likelihood of public interest;
    (3) Need to act quickly;
    (4) Likelihood of meaningful public comment;
    (5) National security classification issues;
    (6) Need for permits; and
    (7) Statutory authority of environmental agency regarding the 
proposal.
    (d) When to prepare an EIS. The Regional Director shall prepare an 
environmental impact statement for all major Agency actions 
significantly affecting the quality of the human environment. The test 
of what is a ``significant'' enough impact to require an EIS is found in 
the CEQ regulations at 40 CFR 1508.27.
    (e) Finding of No Significant Impact. If the Regional Director 
determines on the basis of the environmental assessment not to prepare 
an environmental impact statement, the Regional Director shall prepare a 
finding of no significant impact in accordance with 40 CFR 1501.4(e) of 
the CEQ regulations. The assessment and the finding shall be submitted 
to the Environmental Officer and the Office of General Counsel (OGC) for 
approval. If Environmental Officer and OGC approval is obtained, the 
Regional Director shall then make the finding of no significant impact 
available to the public as specified in Sec. 1506.6 of the CEQ 
regulations. A finding of no significant impact is not required when the 
decision not to prepare an environmental impact statement is based on a 
categorical exclusion.
    (f) Environmental Officer or OGC Disallowance. If the Environmental 
Officer or OGC disagrees with the finding of no significant impact, the 
Regional Director shall prepare an environmental impact statement. Prior 
to preparation of an EIS, the Regional Director shall forward a notice 
of intent to prepare the EIS to the Environmental Officer who shall 
publish such notice in the Federal Register.
    (g) EIS determination of Regional Director. The Regional Director 
may decide on his/her own to prepare an environmental impact statement. 
In such case, the Regional Director shall forward a notice of intent to 
prepare the EIS to the Environmental Officer who shall publish such 
notice in the Federal Register. The notice of intent shall be published 
before initiation of the scoping process.

[45 FR 41142, June 18, 1980, as amended at 47 FR 13149, Mar. 29, 1982]