[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR6.108]

[Page 93-94]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 6_PROCEDURES FOR IMPLEMENTING THE REQUIREMENTS OF THE COUNCIL ON 
 
                            Subpart A_General
 
Sec. 6.108  Criteria for initiating an EIS.

    The responsible official shall assure that an EIS will be prepared 
and issued for actions under subparts E, G, H, and I when it is 
determined that any of the following conditions exist:
    (a) The Federal action may significantly affect the pattern and type 
of land use (industrial, commercial, agricultural, recreational, 
residential) or growth and distribution of population;
    (b) The effects resulting from any structure or facility constructed 
or operated under the proposed action may conflict with local, regional 
or State land use plans or policies;
    (c) The proposed action may have significant adverse effects on 
wetlands, including indirect and cumulative effects, or any major part 
of a structure or facility constructed or operated

[[Page 94]]

under the proposed action may be located in wetlands;
    (d) The proposed action may significantly affect threatened and 
endangered species or their habitats identified in the Department of the 
Interior's list, in accordance with Sec. 6.302, or a State's list, or a 
structure or a facility constructed or operated under the proposed 
action may be located in the habitat;
    (e) Implementation of the proposed action or plan may directly cause 
or induce changes that significantly:
    (1) Displace population;
    (2) Alter the character of existing residential areas;
    (3) Adversely affect a floodplain; or
    (4) Adversely affect significant amounts of important farmlands as 
defined in requirements in Sec. 6.302(c), or agricultural operations on 
this land.
    (f) The proposed action may, directly, indirectly or cumulatively 
have significant adverse effect on parklands, preserves, other public 
lands or areas of recognized scenic, recreational, archaeological, or 
historic value; or
    (g) The Federal action may directly or through induced development 
have a significant adverse effect upon local ambient air quality, local 
ambient noise levels, surface water or groundwater quality or quantity, 
water supply, fish, shellfish, wildlife, and their natural habitats.

[50 FR 26315, June 25, 1985, as amended at 51 FR 32611, Sept. 12, 1986]