Appendix 10: Department of Agriculture

AuthorNicholas C. Yost
Department of Agriculture Regulations and Procedures (USDA Part 1b) Page 153
Part 1b—National Environmental
Policy Act
1b.1 Purpose .
1b.2 Policy.
1b.3 Catego rical exclusions .
1b.4 Exclusi on of agen cies.
5 U.S.C. 301; 42 U.S.C. 4321 et seq.; E.O. 11514, 3
CFR, 1966-1970 Comp., p. 902, as amended by E.O.
11991, 3 CFR, 1978 Comp., p. 123; E.O. 12114, 3
CFR, 1980 Comp., p. 356; 40 CFR 1507.3.
48 FR 11403, Mar. 18, 1983, unless otherwise noted.
§1b.1 Purpose.
(a) is part supplements the regulat ions for imple-
mentation of the National Environmental Polic y Act
(NEPA), for which regulations were published by t he
Council on Environmental Qu ality (CEQ) in 40 CFR
parts 1500 through 1508. is part inc orporates and
adopts those regulat ions.
(b) is part sets for th Departmental policy concern-
ing NEPA, establishes c ategorical exclusions of actions
carried out by the Depar tment and its agencies, and
sets forth those USDA agencies wh ich are excluded
from the requirement to prepare procedures i mple-
menting NEPA.
[48 FR 11403, Mar. 18, 1983, as amended at 60 FR
§1b.2 Policy.
(a) All policies and program s of the various USDA
agencies shall b e planned, developed, a nd implemented
so as to achieve the goa ls and to follow the procedures
declared by NEPA in order to assure resp onsible stew-
ardship of the environment for present and f uture
(b) Each USDA agency is responsible for compliance
with this par t, the regulations of CEQ, and NEPA.
Compliance will i nclude the preparation and imple-
mentation of specic procedures and proc esses relating
to the programs and ac tivities of the individual agency,
as necessar y.
(c) e Under Secretary, Natural Resources a nd Envi-
ronment (NR&E), is responsible for ensuring t hat
agency implementing procedure s are consistent with
CEQ’s NEPA regulations and for coordinatin g NEPA
compliance for the Depar tment. e Under Secretar y,
NR&E, throu gh the Agricultural Counci l on Environ-
mental Qualit y, will develop the necessa ry processes
to be used by the Oce of the Secre tary in reviewing,
implementing, and planni ng its NEPA activities, deter-
minations, and policies.
(d) In connection with the policies and requ irements
set forth in thi s part, all USDA agencies are respon-
sible for compliance with Executive Order 12114,
“Environmental Eect s Abroad of Major Federal
Actions.” Compliance will i nclude the preparation and
implementation of specic procedures and proc esses
relative to the programs a nd activities of the individual
agencies, as neces sary. Agencies shall consult with the
Department of State; the Cou ncil on Environmental
Quality; a nd the Under Secretar y, NR&E, prior to
placing procedures and proc esses in eect.
[48 FR 11403, Mar. 18, 1983, as amended at 60 FR
§1b.3 Categorical exclusions.
(a) e following are categories of acti vities which have
been determined not to have a signi cant individual
or cumulative eect on t he human environment and
are excluded from the preparat ion of environmental
assessment (EA’s) or environmental impact statement
(EIS’s), unless individual agency proc edures prescribed
(1) Policy development, planning a nd implementa-
tion which relate to routine activit ies, such as person-
nel, organizationa l changes, or similar admi nistrative
(2) Activities which dea l solely with the fund ing of
programs, such as progr am budget proposals, disburse-
ments, and transfer or reprogra mming of funds;
(3) Inventories, research activities, a nd studies, such
as resource inventories and routine d ata collection
when such actions are clea rly limited in context and
(4) Educational and informat ional programs a nd
(5) Civil and crimina l law enforcement and investiga-
tive activities;
(6) Activities which a re advisory and consultative to
other agencies and public and private entitie s, such as
legal counsel ling and representation;

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT