[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR61.5]

[Page 148]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 61--PROCEDURES FOR IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY ACT--Table of Contents
 
                   Subpart B--Implementing Procedures
 
Sec. 61.5  Typical classes of action.


    (a) The NEPA regulations require agencies to establish three typical 
classes of action for similar treatment under NEPA. These classes are: 
actions normally requiring environmental impact statements (EIS), 
actions normally not requiring assessments or EIS, and actions normally 
requiring assessments but not necessarily EIS. Typical Department of 
Justice actions falling within each class have been identified as 
follows:
    (1) Actions normally requiring EIS. None, except as noted in the 
appendices to this part.
    (2) Actions normally not requiring assessments or EIS. Actions not 
significantly affecting the human environment.
    (3) Actions normally requiring assessments but not necessarily EIS. 
(i) Proposals for major federal action;
    (ii) Proposals for legislation developed by or with the significant 
cooperation and support of the Department of Justice and for which the 
Department has primary responsibility for the subject matter.
    (b) The Department of Justice shall independently determine whether 
an EIS or an environmental assessment is required where:
    (1) A proposal for agency action is not covered by one of the 
typical classes of action above; or
    (2) For actions which are covered, the presence of extraordinary 
circumstances indicates that some other level of environmental review 
may be appropriate.