§ 707.8. Typical classes of action requiring similar treatment under NEPA.
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/us/cfr/t18/s§ 707.8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Section 1507.3(b)(2) of the CEQ NEPA regulations in conjunction with § 1508.4 requires agencies to establish three typical classes of action for similar treatment under NEPA. These typical classes of actions are set forth below:
(1)Actions normally requiring EIS's:
(i)Adoption, approval or submittal of regional water resources management plans (comprehensive, coordinated, joint plans or elements thereof).
(ii)Adoption, approval or submittal of Level B plans.
(2)Actions normally requiring assessments but not necessarily EIS's:
(i)Establishment and implementing guidance (including significant changes) in principles, standards, and procedures for planning water and related land resources.
(ii)Adoption, approval or submittal of framework studies and special studies which include recommendations for future actions.
(iii)Any action not in paragraph
(1)or
(3)of this section.
(3)Actions normally not requiring assessments or EIS's (categorical exclusions):
(i)Approval of Title III State planning grants.
(ii)Adoption, approval or transmittal or priorities reports.
(iii)Preparation of the National Water Assessment.
(iv)Recommendations to the President with the respect to Federal policies and programs, except for transmittal of plans described in paragraph
(1)or
(2)of this section for which the original EIS or Environmental Assessment
(EA)will be transmitted with the plan. A second EIS is not required.
(v)Framework studies and assessments and special studies which do not include recommendations for future actions.
(b)Where the presence of extraordinary circumstances indicates that an action normally excluded may have a significant environmental effect, the appropriate RFO shall independently determine whether an EIS or an environmental assessment is required.