cfr_sections
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12 rows where agency = "USDA" and part_number = "1b" sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 7:7:1.1.1.1.3.0.29.1 | 7 | Agriculture | 1b | PART 1b—NATIONAL ENVIRONMENT POLICY ACT | § 1b.1 Purpose. | USDA | (a) Purpose. The purpose of this part is to outline the procedures by which the U.S. Department of Agriculture (hereinafter USDA or the Department) will integrate the National Environmental Policy Act (NEPA) into decision-making processes. Specifically, this part: describes the process by which USDA determines what actions are subject to NEPA's procedural requirements and the applicable level of NEPA review; ensures that relevant environmental information is identified and considered early in the process in order to ensure informed decision making; enables USDA to conduct coordinated, consistent, predictable and timely environmental reviews; reduces unnecessary burdens and delays; and implements NEPA's mandates regarding lead and cooperating agency roles, page and time limits, and sponsor preparation of environmental assessments and environmental impact statements. (b) Procedural and interpretive rule. This part sets forth USDA's procedures and practices for implementing NEPA. It further explains USDA's interpretation of certain key terms in NEPA. It does not, nor does it intend to, govern the rights and obligations of any party outside the Federal government. It does, however, establish the procedures under which USDA will typically fulfill its requirements under NEPA. (c) Applicability. This part is applicable to all mission areas, agencies and general offices (hereinafter USDA subcomponent or subcomponent) of the U.S. Department of Agriculture. (d) Authority. NEPA imposes certain procedural requirements on the exercise of USDA's existing legal authority in relevant circumstances. Nothing contained in these procedures is intended, nor should be construed to limit, USDA's other authorities or legal responsibilities. | ||||||||
| 7:7:1.1.1.1.3.0.29.10 | 7 | Agriculture | 1b | PART 1b—NATIONAL ENVIRONMENT POLICY ACT | § 1b.10 Documentation prepared by applicant or third party. | USDA | (a) Environmental assessments and environmental impact statements. In accordance with NEPA section 107(f), 42 U.S.C. 4336a(f), USDA subcomponents may allow an applicant or other third party ( e.g., contractor) to prepare an environmental assessment or environmental impact statement, in whole or in part, under their supervision. Each USDA subcomponent is responsible for the accuracy, scope, and content of documentation prepared by an applicant or third party under the supervision of the agency. USDA subcomponents shall ensure applicants or third parties apply the process and documentation criteria set forth in this part and comply with all other applicable environmental laws, regulations, or executive orders under the subcomponent's purview. The agency may provide additional guidance to the applicants or third parties. Applicant and third-party preparation is subject to the following: (1) A USDA subcomponent may require an applicant to submit environmental information for possible use by the subcomponent in preparing an environmental assessment or environmental impact statement. The subcomponent may also direct an applicant or authorize a third party to prepare an environmental assessment or environmental impact statement under the supervision of the agency. (2) The subcomponent will assist the applicant by outlining the types of information required or, for the preparation of an environmental assessment or environmental impact statement, should provide guidance to the applicant or third party and participate in their preparation. (3) The subcomponent may also provide appropriate guidance and assist in preparation of an environmental assessment or environmental impact statement, to the extent that the subcomponent's resources and policy priorities admit. The subcomponent will work with the applicant to define the purpose and need, and, when appropriate, to develop a reasonable range of alternatives to meet that purpose and need. (4) The subcomponent shall independently evaluate the information or documentati… | ||||||||
| 7:7:1.1.1.1.3.0.29.11 | 7 | Agriculture | 1b | PART 1b—NATIONAL ENVIRONMENT POLICY ACT | § 1b.11 Definitions and acronyms. | USDA | (a) Definitions. As used in this part, terms have the meanings provided in NEPA section 111, 42 U.S.C. 4336(e). The following definitions apply to this part. USDA subcomponents shall use these terms uniformly throughout the Department. (1) Act or NEPA means the National Environmental Policy Act, as amended (42 U.S.C. 4321-4347). (2) Action alternative (or alternative ) means an alternate means of implementing actions that is different from the agency's proposed action. Alternatives are developed in response to a substantive issue(s) and should demonstrate a clear difference in impacts when compared to the proposed action. (3) Agency means a subcomponent of the Unites States Department of Agriculture. (4) Affecting means will or may have an effect on. (5) Alternative. See action alternative. (6) Authorization means any license, permit, approval, finding, determination, or other administrative decision issued by an agency that is required or authorized under Federal law in order to implement a proposed action or selected alternative. (7) Categorical exclusion (CE). See NEPA section 111(1), 42 U.S.C. 4336e(1). (8) Control agents means biological material or chemicals that are intended to enhance the production efficiency of an agricultural crop or animal such as through elimination of a pest. (9) Cooperating agency. See NEPA section 111(2), 42 U.S.C. 4336e(2). (10) Council means the Council on Environmental Quality established by title II of NEPA. (11) Design criteria (or design elements, design features, or conservation practices etc.) means constraints or requirements proactively added to the proposed action (or action alternatives) or through an iterative interdisciplinary process to avoid or minimize adverse impacts. The need for design criteria is informed by the need to comply with other laws, regulations, or executive orders; interdisciplinary discussions that identify best management practices or other design recommendations; feedback from the public or external part… | ||||||||
| 7:7:1.1.1.1.3.0.29.12 | 7 | Agriculture | 1b | PART 1b—NATIONAL ENVIRONMENT POLICY ACT | § 1b.12 Severability. | USDA | The sections of this part are separate and severable from one another. If any section or portion therein is stayed or determined to be invalid, or the applicability of any section to any person or entity is held invalid, it is USDA's intention that the validity of the remainder of those parts will not be affected, with the remaining sections and all applications thereof to continue in effect. | ||||||||
| 7:7:1.1.1.1.3.0.29.2 | 7 | Agriculture | 1b | PART 1b—NATIONAL ENVIRONMENT POLICY ACT | § 1b.2 Policy. | USDA | (a) USDA compliance with NEPA. It is the policy of USDA that all USDA subcomponents' policies and programs shall be planned, developed, and implemented to comply with Congress' directives in NEPA, as amended by the Fiscal Responsibility Act of 2023, with the understanding that NEPA is a purely procedural statute that imposes no substantive environmental obligations or restrictions. (1) The Under Secretary of Natural Resources and Environment (NRE) is responsible for ensuring that these USDA NEPA regulations are consistent with NEPA and will coordinate compliance for the Department. (2) The Under Secretary of NRE may engage the Agricultural Council on Environmental Quality (7 U.S.C. 5401, Pub. L. 101-624) when developing, revising, or amending the necessary processes to be used by the Office of the Secretary in reviewing, implementing, and planning its NEPA activities, determinations, and policies. (3) The Under Secretary of NRE will consult with the Council on Environmental Quality (CEQ) while developing or revising the USDA NEPA regulations, as established in this part, in accordance with NEPA section 102(2)(B), 42 U.S.C. 4332(B). (b) Managing NEPA compliance. Within USDA, the Under Secretary of NRE shall perform all of the duties and exercise all of the powers and functions of the senior agency official to ensure compliance with NEPA and the Department's policies for NEPA, including resolving implementation issues. (1) The senior agency official shall: (i) Administer the implementation of NEPA for USDA, to include USDA subcomponent adherence to this part and approving all revisions to this part; (ii) Centralize information technology and databases regarding documentation and analyses required by NEPA and this part; and (iii) Compile and submit the annual report to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate that identifies any environmental assessment and environmental impact statement that such lead agency did no… | ||||||||
| 7:7:1.1.1.1.3.0.29.3 | 7 | Agriculture | 1b | PART 1b—NATIONAL ENVIRONMENT POLICY ACT | § 1b.3 Categorical exclusions and findings of applicability and no extraordinary circumstance. | USDA | (a) Generally. This section describes the process USDA uses for establishing and revising categorical exclusions (CEs), for adopting other agencies' CEs, for removing CEs, for applying CEs to a proposed action, for considering extraordinary circumstances, and for relying on another Federal agency's CE determination. USDA categorical exclusions, including CEs USDA established and substantiated consistent with CEQ's previous NEPA procedures, are listed at § 1b.4. Notification of CEs adopted by a USDA subcomponent from other agencies will be in accordance with paragraph (c) of this section and tracked by USDA's Natural Resources and Environment mission area for use by any other USDA agency. (b) Establishing and revising categorical exclusions. To establish or revise a categorical exclusion, USDA subcomponents will determine that the category of actions normally does not have reasonably foreseeable significant impacts that affect the quality of the human environment. In making this determination, subcomponents will: (1) Develop a written record containing information to substantiate its determination; (2) Consult with CEQ on its proposed categorical exclusion, including the written record, for a period not to exceed 30 days prior to providing public notice as described in paragraph (b)(3) of this section; and (3) Provide public notice of USDA's establishment or revision of the categorical exclusion and the written justification in the Federal Register . (c) Adopting categorical exclusions from other Federal agencies. Consistent with NEPA section 109, 42 U.S.C. 4336c, USDA subcomponents may adopt a categorical exclusion listed in another agency's NEPA procedures. When adopting a categorical exclusion, USDA subcomponents will: (1) Identify the categorical exclusion listed in another agency's NEPA procedures that covers its category of proposed or related actions; (2) Consult with the agency that established the categorical exclusion to ensure that the proposed adoption of the categorical exclusion is appr… | ||||||||
| 7:7:1.1.1.1.3.0.29.4 | 7 | Agriculture | 1b | PART 1b—NATIONAL ENVIRONMENT POLICY ACT | § 1b.4 Categorical exclusion of USDA subcomponents and actions. | USDA | [90 FR 29646, July 3, 2025, as amended at 90 FR, July 18, 2025] | (a) The USDA subcomponents listed in paragraphs (a)(1) through (9) of this section conduct programs and activities that do not normally result in reasonably foreseeable significant impacts on the natural or physical environment. As such, these subcomponents' actions are excluded from the preparation of an environmental assessment (EA) or environmental impact statement (EIS). Programs and activities of the USDA subcomponents listed in this paragraph may utilize categorical exclusions, as described in this part, but do not require the preparation of an EA or EIS unless the subcomponent determines that an extraordinary circumstance exists for an individual action and obtains the concurrence of the USDA Senior Agency Official (Undersecretary of Natural Resources and Environment) (or their designee): (1) Agricultural Marketing Service (2) Economic Research Service (3) Federal Crop Insurance Corporation (4) Food and Nutrition Service (5) Food Safety and Inspection Service (6) Foreign Agricultural Service (7) National Agricultural Library (8) National Agricultural Statistics Service (9) The following general offices of the Department: Office of the Chief Economist, Office of the Chief Financial Officer, Office of the Chief Information Officer, Office of the General Counsel, Office of the Inspector General, National Appeals Division, Office of Budget and Program Analysis, Office of Communications, Office of Partnerships and Public Engagement, Office of Tribal Relations, and Office of Small and Disadvantaged Business Utilization. (b) The categories in paragraphs (c) and (d) of this section are for activities which have been determined by USDA to not have a reasonably foreseeable significant impact on the human environment and are excluded from the preparation of an environmental assessment or environmental impact statement. Categories have been assigned unique numbers for ease of reference. The following acronyms at the end of the number sequence indicate the USDA subcomponent that originally promulgated the cat… | |||||||
| 7:7:1.1.1.1.3.0.29.5 | 7 | Agriculture | 1b | PART 1b—NATIONAL ENVIRONMENT POLICY ACT | § 1b.5 Environmental assessments. | USDA | (a) Generally. If an action is subject to NEPA, as determined following the policy in § 1b.2(e), and unless a USDA subcomponent finds that the proposed action is excluded from having to prepare an environmental assessment or environmental impact statement pursuant to a categorical exclusion as determined following the policy in § 1b.2(f), or by another provision of law, when USDA is the lead agency the USDA subcomponent will prepare an environmental assessment with respect to a proposed action that does not have a reasonably foreseeable significant impact on the quality of the human environment, or if the significance of such effect is unknown. USDA is mindful of Congress' direction that environmental assessments are to be “concise” and set forth the basis of the subcomponent's analysis to support, if appropriate, a finding of no significant impact (NEPA section 106(b)(2); 42 U.S.C. 4336(b)(2). (b) Scope of analysis. (1) In preparing the environmental assessment, the USDA subcomponent will focus its analysis on whether the environmental effects of the proposed action (and action alternatives, if any) or project at hand are significant. (2) Similarly, the USDA subcomponent will document in the environmental assessment where and how it drew a reasonable and manageable line relating to its consideration of any environmental effects from the proposed action (and action alternatives, if any) or project at hand that extend outside the geographical territory of the proposal or might materialize later in time. (3) To the extent it assists in reasoned decision-making, the USDA subcomponent may, but is not required to by NEPA, analyze environmental effects from other actions separate in time, or separate in place, or that fall outside of the USDA subcomponent's regulatory authority, or that would have to be initiated by a third party. If the USDA subcomponent determines that such analysis would assist it in reasoned decision-making, it will document this determination in the environmental assessment and explain wher… | ||||||||
| 7:7:1.1.1.1.3.0.29.6 | 7 | Agriculture | 1b | PART 1b—NATIONAL ENVIRONMENT POLICY ACT | § 1b.6 Finding of no significant impact. | USDA | (a) General. When a USDA subcomponent is the lead agency, it will prepare a finding of no significant impact if the subcomponent determines, based on the environmental assessment, not to prepare an environmental impact statement because the proposed action or selected alternative, or project at hand, will not have a reasonably foreseeable significant impact on the quality of the human environment. When it will not prevent the USDA subcomponent from meeting the deadline in § 1b.5(e), the finding of no significant impact may be prepared in conjunction with the environmental assessment and included in the same document and will not count towards the page limits in § 1b.5(d). (b) Elements. USDA subcomponents may apply any format they choose for the FONSI, but shall address the following elements at a minimum: (1) Incorporate by reference the environmental assessment and note any other documentation related to it, such as documentation contained in the proposal record. The finding need not repeat any of the discussion in the environmental assessment; (2) Include a statement of the selected alternative if other alternatives were considered and analyzed in detail in addition to the proposed action; (3) Document the reasons why the responsible official has determined that the proposed action or selected alternative will not have a reasonably foreseeable significant impact on the quality of the human environment, based on analysis and evidence provided in the environmental assessment, and conclude with a statement that for these reasons an environmental impact statement will not be prepared. If the responsible official finds no significant impacts based on mitigation, state the authority for any mitigation that the responsible official has adopted and any applicable monitoring or enforcement provisions. If the responsible official finds no significant effects based on mitigation, the mitigated finding of no significant impact will state any mitigation requirements enforceable by the subcomponent or voluntary mitig… | ||||||||
| 7:7:1.1.1.1.3.0.29.7 | 7 | Agriculture | 1b | PART 1b—NATIONAL ENVIRONMENT POLICY ACT | § 1b.7 Environmental impact statements. | USDA | (a) Generally. A USDA subcomponent will prepare an environmental impact statement only with respect to proposed actions that otherwise require preparation of an environmental document and that have a reasonably foreseeable significant impact on the quality of the human environment (NEPA section 106(b)(1); 42 U.S.C. 4336(b)(1)). Whether an action rises to the level of significant is a matter of the responsible official's expert judgment, as informed by interdisciplinary analysis. Environmental impact statements will discuss effects in proportion to their reasonably foreseeable significance. With respect to issues that are not of a substantive nature (see § 1b.11(53)) there will be no more than the briefest possible discussion to explain why those issues are not substantive and therefore not deemed necessary, at the sole discretion of the responsible official, of any further analysis. Environmental impact statements will be analytic, concise, and no longer than necessary to comply with NEPA in light of the congressionally mandated page limits and deadlines. (b) Notice of intent. As soon as practicable after determining that a proposal is sufficiently developed to allow for meaningful public comment and requires an environmental impact statement, when a USDA subcomponent is the lead agency it will publish a notice of intent in the Federal Register to prepare an environmental impact statement. Where there is a lengthy delay between the USDA subcomponent's decision to prepare an environmental impact statement and the time of actual preparation, the subcomponent may publish the notice of intent at a reasonable time in advance of preparation of the statement. (1) The notice of intent to publish an environmental impact statement shall include: (i) The purpose and need for the proposed action; (ii) A preliminary description of the proposed action and any known alternatives the environmental impact statement will consider; (iii) A preliminary list of substantive issues to be analyzed in detail, with a brief summ… | ||||||||
| 7:7:1.1.1.1.3.0.29.8 | 7 | Agriculture | 1b | PART 1b—NATIONAL ENVIRONMENT POLICY ACT | § 1b.8 Records of decision. | USDA | (a) General. Upon completing the environmental impact statement, at the time of its decision a USDA subcomponent, if the lead agency, shall prepare and publish a record of decision or joint record of decision. When it will not prevent the USDA subcomponent from meeting the deadline in § 1b.7(k), the record of decision may be prepared in conjunction with the environmental impact statement and included in the same document and will not count towards the page limits in § 1b.7(i). When including the record of decision in the environmental impact statement (EIS), the EIS cover page should be updated to reflect the document also includes the record of decision. (b) Elements. USDA subcomponents may apply any format they choose for the record of decision, but shall address the following elements at a minimum: (1) Incorporate by reference the environmental impact statement and note any other documentation related to it, such as documentation contained in the proposal record. The record of decision need not repeat any of the discussion in the environmental impact statement; (2) Certify that the subcomponent has considered all the substantive alternatives, information, and analyses submitted by State, Tribal, and local governments and public commenters for consideration by the lead and cooperating agencies in developing the environmental impact statement; (3) State the decision, that is, the alternative selected; (4) Provide explanation on how the responsible official considered significance, in accordance with § 1b.2(f)(3), relative to the alternatives described in the environmental impact statement; (5) Identify and discuss all such factors, including any essential considerations of national policy, that the responsible official balanced in making the decision and state how those considerations informed the decision. The discussion may include preferences among alternatives based on other relevant factors, such as environmentally preferable, economic and technical feasibility considerations, and subcomponent sta… | ||||||||
| 7:7:1.1.1.1.3.0.29.9 | 7 | Agriculture | 1b | PART 1b—NATIONAL ENVIRONMENT POLICY ACT | § 1b.9 Efficient and effective environmental reviews. | USDA | (a) Proposal Record. Upon determining NEPA applies and an environmental document must be developed, USDA subcomponents should begin compiling the proposal record early in the process. The proposal record should be maintained throughout the NEPA process to ensure the responsible official has all necessary information available on which they base iterative decisions during the NEPA process, required findings and determinations (to include those required for other applicable laws or regulations), and approval of the action. The proposal record should include the following: (1) Internal communications that contain substantive information demonstrating why the responsible official proceeded the way it did, to include briefing papers, presentations, emails, or other documented communications that capture rationale and decisions made at key points in the NEPA process; (2) Necessary documentation generated by applicants or contractors, where documentation is determined not to be a potentially privileged information (see paragraph (c) of this section); (3) Technical information, to include sampling results, survey information, engineering reports, applicable resource and program assessments, maps, etc.; (4) Cost-benefit analysis if completed, as well as any technical or feasibility studies completed to inform development of the proposed action or action alternatives; (5) External communications that contain substantive information about the proposal, to include a notice of intent to prepare an environmental impact statement and other such documents that invite feedback from the public or other external parties, and consultation communications with regulatory agencies and tribes (where information is not determined to be a potential withholding or privileged, as specified in paragraph (c) of this section); (6) Comments or other submissions received from external parties or the public, as well as documentation, if any, of how substantive issues raised and/or recommendations made were considered and the action taken;… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);