[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

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, DEPARTMENT OF HOMELAND 

                                SECURITY

 

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]