2016-18075: Environmental Policies and Procedures; Compliance With the National Environmental Policy Act and Related Authorities

Summary

The Farm Service Agency (FSA) is consolidating, updating, and amending its regulations implementing the National Environmental Policy Act of 1969, as amended (NEPA). FSA's previous NEPA regulations had been in place since 1980. Significant changes to the structure of FSA and the scope of FSA's programs require changes in FSA's NEPA regulations. The changes will also better align FSA's NEPA regulations with the President's Council on Environmental Quality (CEQ) NEPA regulations and meet the FSA responsibilities for periodic review of their categorical exclusions (CatExs). CatExs involve proposed actions that typically do not result in individual or cumulative significant environmental effects or impacts and therefore do not merit further environmental review in an Environmental Assessment (EA) or Environmental Impact Statement (EIS). The additions to the existing list of CatExs improves the clarity and consistency of the regulations. This final rule also expands and clarifies the list of proposed actions that require an EA. The FSA NEPA implementing regulations also cover the Commodity Credit Corporation (CCC) programs that FSA administers on behalf of CCC. In addition, this rule makes conforming changes to existing references to FSA NEPA regulations in other FSA regulations. The revisions to the FSA NEPA implementing regulations are intended to improve transparency and clarity of the FSA NEPA process for FSA program participants, and to provide for a more efficient environmental review that will lead to better decisions and outcomes for stakeholders and the environment. Finally, in coordination with the Rural Housing Service, Rural Business-Cooperative Service, and Rural Utilities Service, this rule removes the old NEPA regulations.

The agency’s own summary, as published.

What this changes

Amends 14 parts of the Code of Federal Regulations — the standing rules this notice rewrites.

• 7 CFR 761 Farm Loan Programs; General Program Administration
• 7 CFR 762 Guaranteed Farm Loans
• 7 CFR 763 Land Contract Guarantee Program
• 7 CFR 764 Direct Loan Making
• 7 CFR 765 Direct Loan Servicing—Regular
• 7 CFR 766 Direct Loan Servicing—Special
• 7 CFR 767 Inventory Property Management
• 7 CFR 770 Indian Tribal Land Acquisition Loans
• 7 CFR 772 Servicing Minor Program Loans
• 7 CFR 773
• 7 CFR 774
• 7 CFR 799 Part 799 [Reserved]
• 7 CFR 1436 Farm Storage Facility Loan Program Regulations
• 7 CFR 1940 General