[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

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

[CITE: 40CFR1508.27]



[Page 895]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY

 

PART 1508_TERMINOLOGY AND INDEX--Table of Contents

 

Sec.  1508.27  Significantly.



    Significantly as used in NEPA requires considerations of both 

context and intensity:

    (a) Context. This means that the significance of an action must be 

analyzed in several contexts such as society as a whole (human, 

national), the affected region, the affected interests, and the 

locality. Significance varies with the setting of the proposed action. 

For instance, in the case of a site-specific action, significance would 

usually depend upon the effects in the locale rather than in the world 

as a whole. Both short- and long-term effects are relevant.

    (b) Intensity. This refers to the severity of impact. Responsible 

officials must bear in mind that more than one agency may make decisions 

about partial aspects of a major action. The following should be 

considered in evaluating intensity:

    (1) Impacts that may be both beneficial and adverse. A significant 

effect may exist even if the Federal agency believes that on balance the 

effect will be beneficial.

    (2) The degree to which the proposed action affects public health or 

safety.

    (3) Unique characteristics of the geographic area such as proximity 

to historic or cultural resources, park lands, prime farmlands, 

wetlands, wild and scenic rivers, or ecologically critical areas.

    (4) The degree to which the effects on the quality of the human 

environment are likely to be highly controversial.

    (5) The degree to which the possible effects on the human 

environment are highly uncertain or involve unique or unknown risks.

    (6) The degree to which the action may establish a precedent for 

future actions with significant effects or represents a decision in 

principle about a future consideration.

    (7) Whether the action is related to other actions with individually 

insignificant but cumulatively significant impacts. Significance exists 

if it is reasonable to anticipate a cumulatively significant impact on 

the environment. Significance cannot be avoided by terming an action 

temporary or by breaking it down into small component parts.

    (8) The degree to which the action may adversely affect districts, 

sites, highways, structures, or objects listed in or eligible for 

listing in the National Register of Historic Places or may cause loss or 

destruction of significant scientific, cultural, or historical 

resources.

    (9) The degree to which the action may adversely affect an 

endangered or threatened species or its habitat that has been determined 

to be critical under the Endangered Species Act of 1973.

    (10) Whether the action threatens a violation of Federal, State, or 

local law or requirements imposed for the protection of the environment.



[43 FR 56003, Nov. 29, 1978; 44 FR 874, Jan. 3, 1979]