FSH 1909.15 - ENVIRONMENTAL POLICY AND PROCEDURES HANDBOOK

CHAPTER 30 - CATEGORICAL EXCLUSION FROM DOCUMENTATION

Interim Directive No.: 1909.15-2002-2

Effective Date: August 23, 2002

Duration: This interim directive expires on February 23, 2004.

Approved:

ABIGAIL R. KIMBELL
Associate Deputy Chief
for National Forest System

Date Approved: 08/20/2002

Posting Instructions: Interim directives are numbered consecutively by Handbook number and calendar year. Post by document ht the end of the chapter. Retain this transmittal as the first page(s) of this document. The last interim directive was 1909.15-2002-1 to chapter 30.

New Document

id-l 909.15-2002-2

4 Pages

Superseded Document(s)
(Interim Directive Number
and Effective Date)

None

 

Digest:

A notice of the issuance of this interim directive was published in the Federal Register on August 23, 2002 (67 FR 54622).

30.3 - Revises policy in paragraph 1 by providing that a proposed action may be categorically excluded only when there are no extraordinary circumstances related to the proposed action and the proposed action is within one of the categories listed in Title 7, Code of Federal Regulations, Part 1b, or one of the categories listed in section 31.1b or 31.2 of this Handbook.

Revises policy in paragraph 2 by listing resource conditions that should be considered in determining whether an extraordinary circumstance exists and provides that the mere presence of one or more of these conditions does not preclude the use of a categorical exclusion.

Revises policy in Paragraph 3 by directing the responsible official to prepare an EA when the official is uncertain if the proposed action may have a significant effect on the environment.

Removes the direction previously set out in paragraph 4, which repeated direction in section 18 of this Handbook, and adds a cross-reference to section 18, Correction, Supplementation, or Revision of Environmental Documents and Reconsideration of Decisions To Take Action.

30.3 - Policy

1. A proposed action may be categorically excluded from further analysis and documentation in an environmental impact statement (EIS) or environmental assessment (EA) only if there are no extraordmiary circumstances related to the proposed action and if.

a. The proposed action is within one of the categories in the Department of Agriculture (USDA) NEPA policies and procedures in 7 CFR Part I b, or

b. The proposed action is within a category listed in section 31.1b or 31.2.

2. Resource conditions that should be considered in determining whether extraordinary circumstances related to the proposed action warrant finther analysis and documentation in an EA or an EIS are:

a.. Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service s6nsitiVe species;

b. Flood plains, wetlands, or municipal watersheds.

c. Congressionally designated areas, such as wilderness, wilderness study areas, or national recreation areas.

d. Inventoried roadless areas.

e. Research natural areas.

f. American Indians and Alaska Native religious or cultural sites.

g. Archaeological sites, or historic properties or areas.

The mere presence of one or more of these resource conditions does not preclude use of a categorical exclusion. It is the degree of the potential effect of a proposed action on these resource conditions that determines whether extraordinary circumstances exist.

3. Scoping is required on all proposed actions, including those that would appear to be categorically excluded. If the responsible official determines, based on scoping, that it is uncertain whether the proposed action may have a significant effect on the environment, prepare an EA (ch. 40). If the responsible official determines, based on scoping, that the proposed action may have a significant environmental effect, prepare an EIS (ch. 20).

4. Section 18 of this Handbook contains related direction regarding Correction, supplementation, or Revision of Environmental Documents and Reconsideration of Decisions To Take Action.