cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
8 rows where part_number = 200 and title_number = 38 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 38:38:2.0.2.1.1.0.364.1 | 38 | Pensions, Bonuses, and Veterans' Relief | II | 200 | PART 200—COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT | § 200.1 Purpose. | These regulations set out AFRH environmental policy and provide direction for carrying out the procedural requirements of the National Environmental Policy Act (NEPA) and related legal authorities. | ||||||||
| 38:38:2.0.2.1.1.0.364.2 | 38 | Pensions, Bonuses, and Veterans' Relief | II | 200 | PART 200—COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT | § 200.2 Background. | (a) The NEPA and the Council on Environmental Quality regulations implementing the procedural requirements of NEPA (40 CFR 1500 through 1508, hereinafter, the CEQ regulations) require that each Federal agency consider the impact of its actions on the human environment and prescribe procedures to be followed. Other laws, executive orders, and regulations provide related direction. NEPA establishes and AFRH adopts as policy that as a Federal agency, AFRH will: Use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may: (1) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (2) Assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings; (3) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; (4) Preserve important historic, cultural, and natural aspects of our national heritage, and maintain, wherever possible, an environment which supports diversity, and variety of individual choice; (5) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and (6) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. (b) As an important means of carrying out this policy, AFRH will analyze and consider the impacts of its proposed actions (activities, programs, projects, legislation) and any reasonable alternatives on the environment, and on the relationship of people with the environment. This analysis is to be undertaken early in planning any such action, as an aid to deciding whether the action will go forward, and if so how. Consideration must be given to reasonable alternative means of achieving the purpose and need for the proposed a… | ||||||||
| 38:38:2.0.2.1.1.0.364.3 | 38 | Pensions, Bonuses, and Veterans' Relief | II | 200 | PART 200—COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT | § 200.3 Responsibilities. | (a) The COO is the AFRH NEPA official responsible for compliance with NEPA for AFRH actions. The COO also provides the AFRH's views on other agencies' environmental impact statements (EIS). (b) The Master Planner is the point of contact for information on: AFRH NEPA documents; NEPA oversight activities; and review of other agencies' EISs and NEPA documents. (c) The AFRH's assigned counsel is the point of contact for legal questions involving environmental matters. | ||||||||
| 38:38:2.0.2.1.1.0.364.4 | 38 | Pensions, Bonuses, and Veterans' Relief | II | 200 | PART 200—COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT | § 200.4 Implementation of NEPA and related authorities. | (a) Classification of AFRH actions. (1) All AFRH proposed actions typically fall into one of the following three classes, in terms of requirements for review under NEPA: Categorical exclusions, environmental assessments, and environmental impact statements. (2) The Master Planner, is responsible for classifying proposed actions and undertaking the level of analysis, consultation, and review appropriate to each. (b) Categorical Exclusions (CATEX). (1) A categorical exclusion (CATEX) is a category of actions which do not individually or cumulatively have a significant effect on the human environment, except under extraordinary circumstances (42 CFR 1508.4). Because they lack the potential for effect, they do not require detailed analysis or documentation under NEPA. (i) Determining when to use a CATEX (screening criteria). To use a CATEX, the proponent must satisfy the following three screening conditions: (A) The action has not been segmented. Determine that the action has not been segmented to meet the definition of a CATEX. Segmentation can occur when an action is broken down into small parts in order to avoid the appearance of significance of the total action. An action can be too narrowly defined, minimizing potential impacts in an effort to avoid a higher level of NEPA documentation. The scope of an action must include the consideration of connected, cumulative, and similar actions. (B) No exceptional circumstances exist. Determine if the action involves extraordinary circumstances that would preclude the use of a CATEX ( see paragraphs (b)(1)(ii)(A) through (xiv) of this section). (C) One (or more) CATEX ( See appendix A to part 200) encompasses the proposed action. Identify a CATEX (or multiple CATEXs) that potentially encompasses the proposed action. If no CATEX is appropriate, and the project is not exempted by statute or emergency provisions, an EA or an EIS must be prepared, before a proposed action may proceed. (ii) Extraordinary circumstances that preclude the use of a CATEX are: (A) Rea… | ||||||||
| 38:38:2.0.2.1.1.0.364.5 | 38 | Pensions, Bonuses, and Veterans' Relief | II | 200 | PART 200—COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT | § 200.5 Coordination with other authorities. | (a) To the maximum extent feasible, NEPA review shall be coordinated with review of proposed actions under other environmental legal authorities, including but not limited to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the National Historic Preservation Act (NHPA); the Endangered Species Act (ESA); Executive Orders 11988, 11990, and 13006; and other applicable authorities. (b) In effecting such coordination, responsible AFRH officials will ensure that the substantive and procedural requirements of other environmental authorities are met, together with the requirements of NEPA. It will be explicitly understood that compliance with NEPA does not substitute for compliance with other environmental authorities, nor does compliance with such other authority substitute for compliance with NEPA. | ||||||||
| 38:38:2.0.2.1.1.0.364.6 | 38 | Pensions, Bonuses, and Veterans' Relief | II | 200 | PART 200—COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT | § 200.6 Public involvement. | (a) As part of its system for NEPA compliance, the COO and the Master Planner shall provide for levels and kinds of public involvement appropriate to the proposed action and its likely effects. (b) Where a related authority provides specific procedures for public involvement, the responsible AFRH official shall ensure that such procedures where practicable in the process of NEPA review. (c) Public involvement in the AFRH NEPA process shall have as its purpose the full disclosure of AFRH actions and alternatives to the public, within the constraints of AFRH program authorities, and giving the public a full opportunity to comment on the environmental effects of AFRH proposals. (d) Pursuant to Executive Order 12898, special efforts will be made to involve members of potentially affected low-income and minority communities in NEPA review and decision-making. Such efforts may include, but are not limited to, special programs of community outreach, including cross-cultural programs, translations of pertinent documents, and ensuring that translators are available at public meetings. (e) Information pertaining to AFRH actions and/or NEPA documentation can be obtained through the Master Planner at 3700 North Capital Street, NW, Washington, DC 20011. | ||||||||
| 38:38:2.0.2.1.1.0.364.7 | 38 | Pensions, Bonuses, and Veterans' Relief | II | 200 | PART 200—COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT | § 200.7 Cooperating agencies. | (a) Federal agencies with jurisdiction by law will be invited to serve as cooperating agencies and Federal agencies with special expertise may be invited to serve as cooperating agencies in the conduct of NEPA review of an AFRH proposed action. (b) The responsible AFRH official will invite other Tribal, State, and local agencies to serve as cooperating agencies with subject matter jurisdiction or special expertise in the conduct of NEPA review of an AFRH proposed action. | ||||||||
| 38:38:2.0.2.1.1.0.364.8 | 38 | Pensions, Bonuses, and Veterans' Relief | II | 200 | PART 200—COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT | § 200.8 AFRH participation in NEPA compliance by other agencies. | (a) AFRH may participate in the NEPA process as a cooperating agency for another lead agency's project, or as a commenter/reviewer of another agency's NEPA document. AFRH may also participate in environmental studies carried out by non-Federal parties (for example, a local government conducting studies under a State environmental policy law) where such studies are relevant to AFRH's interests or may be incorporated by AFRH into its own studies under NEPA. Where AFRH will be responsible for a decision on a project that is the subject of such a study, and has the authority to do so, AFRH will ensure that the study and its resulting documents meet the standards set forth in these regulations in coordination with the COO. (b) As a cooperating agency, AFRH participates in the NEPA process as requested by the lead agency, in accordance with 40 CFR 1501.6 of the CEQ regulations. Tasks may include participating in meetings and providing specific information relevant to the matters over which it has jurisdiction by law or expertise. (c) AFRH comments shall be prepared in consultation with, or by, the Master Planner. (d) The responsible AFRH official may provide comments and/or reviews of another agency's NEPA documents, and/or other Federal and State environmental documents. (e) AFRH comments shall be provided in accordance with 40 CFR 1503.3. |
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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);