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40 C.F.R. § 1501.3 : Protection of Environment — COUNCIL ON ENVIRONMENTAL QUALITY — NATIONAL ENVIRONMENTAL POLICY ACT IMPLEMENTING REGULATIONS — NEPA AND AGENCY PLANNING — Determine the appropriate level of NEPA review
(a) In assessing the appropriate level of NEPA review, Federal agencies should determine whether the proposed action:
(1) Normally does not have significant effects and is categorically excluded (§
1501.4 );
(2) Is not likely to have significant effects or the significance of the effects is unknown and is therefore appropriate for an environmental assessment (§
1501.5 ); or
(3) Is likely to have significant effects and is therefore appropriate for an environmental impact statement (part 1502 of this chapter).
(b) In considering whether the effects of the proposed action are significant, agencies shall analyze the potentially affected environment and degree of the effects of the action. Agencies should consider connected actions consistent with § 1501.9(e)(1).
(1) In considering the potentially affected environment, agencies should consider, as appropriate to the specific action, the affected area (national, regional, or local) and its resources, such as listed species and designated critical habitat under the Endangered Species Act. Significance varies with the setting of the proposed action. For instance, in the case of a site-specific action, significance would usually depend only upon the effects in the local area.
(2) In considering the degree of the effects, agencies should consider the following, as appropriate to the specific action:
(i) Both short- and long-term effects.
(ii) Both beneficial and adverse effects.
(iii) Effects on public health and safety.
(iv) Effects that would violate Federal, State, Tribal, or local law protecting the environment.
