[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR640.3]



[Page 191-192]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 640_COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT--Table 

of Contents

 

Sec. 640.3  Actions requiring an environmental assessment and 

categorical exclusions.



    (a) The types of actions to be classified as ``major Federal 

actions'' subject to NEPA procedures are discussed generally in the CEQ 

regulations. Paragraph (b) of this section describes various classes of 

NSF actions that normally require the preparation of an environmental 

assessment or an EIS, and



[[Page 192]]



those classes that are categorically excluded. (Categorical exclusion is 

defined at 40 CFR 1508.4.) The word ``normally'' is stressed; there may 

be individual cases in which specific factors require contrary action. 

NSF directorates and offices are responsible for identifying situations 

in which an environmental assessment or an EIS should be prepared even 

if not normally required by paragraph (b) of this paragraph.

    (b) Most NSF awards support individual scientific research projects 

and are not ``major Federal actions significantly affecting the quality 

of the human environment'' except in the sense that the long term effect 

of the accumulation of human knowledge is likely to affect the quality 

of the human environment. However, such long term effects are basically 

speculative and unknowable in advance; thus they normally do not provide 

a sufficient basis for classifying research as subject to NEPA (See 40 

CFR 1508.8) and are categorically excluded from an environmental 

assessment. Nevertheless, in some cases the actual procedures used in 

carrying out the research may have potential environmental effects, 

particularly where the project requires construction of facilities or 

major disturbance of the local environment brought about by blasting, 

drilling, excavating, or other means. Accordingly, except as provided in 

paragraph (c) of this section, the following types of activities require 

at least an environmental assessment:

    (1) Cases where developmental efforts are supported, if the project 

supports the transition of a particular technology from the development 

stage to large-scale commercial utilization.

    (2) Any project supporting construction, other than interior 

remodelling.

    (3) Cases where field work affecting the natural environment will be 

conducted.

    (4) Any project that will involve drilling of the earth, excavation, 

explosives, weather modification, or other techniques that may alter a 

local environment.

    (5) Any project that provides for the testing and release of 

biological-control agents for purposes of ecosystem manipulation and 

assessment of short- and long-term effects of major ecosystem 

perturbation.

    (c) Directorates having divisions or programs with a substantial 

number of projects that fall within categories (3), (4), and (5) in (b) 

of this section, are authorized to issue supplemental guidelines to 

Division Directors and Program Officers establishing subcategories of 

research methodologies or techniques for which environmental assessments 

need not be prepared. For example, if a program regularly supports 

research that involves noninvasive techniques or nonharmful invasive 

techniques (such as taking water or soil samples, or collecting non-

protected species of flora and fauna) the directorate may determine that 

field projects otherwise coming under paragraph (b)(3) of this section 

which involve only the use of such techniques do not require an 

environmental assessment. However, any such guidelines must be submitted 

to the Chairman for approval.

    (d) In some cases within the categories listed in paragraph (b) of 

this section, it will be evident at the outset or after the assessment 

process is begun that an EIS should be prepared. In such cases an 

assessment need not be completed, but the process of preparing an EIS 

(See Sec. 640.5, of this part) should be started.