[No Significant Impacts] [Significant Impacts]
EA Procedures When There are No Significant Impacts
The RS-LE/EE shall consider the analysis presented in the EA and the NEPA criteria
defining "significantly" (40 CFR 1508.27) to determine whether or not the proposed action would
result in significant impacts. If the RS-LE/EE determines that the proposed action
would not result in any significant effects, a finding of no significant impact (FONSI)
will be prepared (40 CFR 1508.13).
The FONSI shall state that the effects of the proposed action have been evaluated in an
EA, briefly give the reasons why the proposal will not have significant effects, and state
that the preparation of an EIS is not required. The FONSI shall include a
description of any additional mitigating measures not in the original proposal which will
be required to reduce significant effects to an insignificant level. The EA shall be
attached to the FONSI.
The FONSI may also contain a checklist indicating the effects considered and their
level of significance and a reference to section(s) of the EA considered in the
determination.
Each OCS regional office shall prepare a quarterly Notice to be published in the Federal
Register (FR) which lists all EAs and FONSIs prepared for OCS permitting activities
in the Region during the 3-month period preceding the date that the Notice is submitted
for publication (40 CFR 1506.6(b)). If no EAs and FONSIs were prepared for a
3-month period, no FR Notice is required. Three originals of each Notice (each
bearing the signature of the Regional Director) shall be submitted to the Office of the FR
for publication. Each original must have the Agency billing code number (4310-MR)
on the first page in order to be accepted for publication in the FR. Additionally,
one copy of the FR Notice should be mailed to the Chief, Environmental Division, and one
copy to the FR Liaison Officer. A standard form letter which transmits a copy of
each Notice published in the FR may be prepared and mailed to local newspapers. Each
OCS regional office will be responsible for determining which newspapers, if any, will
receive the form letter transmitting a copy of the FR Notice. The determination
should be based on the circulation of newspapers serving the area affected by the
proposals listed in the Notice.
Procedures When There are Significant Impacts
If the RS-LE/EE determines that the proposed action would cause any significant
effects, s/he will consult with the decision maker (RS-FO/ODOS or RS-RE) and submit to the
Regional Director a recommendation to prepare an EIS. The recommendation shall state
that the effects of the proposal have been evaluated in an EA, that based on the analysis
significant impacts are predicted if the proposal proceeds, and, therefore, an EIS is
required in accordance with NEPA regulations. The recommendation shall describe the
nature and severity of the potential effects which necessitate the preparation of an EIS.
The Regional Director will either recommend preparation of an EIS to the Associate
Director for Offshore Minerals Management, or amend the proposal (or have the applicant
amend the proposal) to reduce impacts to a less-than-significant level. If the
proposal is amended, the EA will have to be revised to assess the significance of impacts
due to the changes.
Based on information contained in the permit application, the environmental report, and
other sources, some proposals will obviously require an EIS. In these cases, and EA
need not be prepared. However, the other requirements in this section still apply.
For more information, contact James F. Bennett.
