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ORF Home > Environmental Protection > NEPA Review > 30-50-30 -- Other Actions

30-50-30 -- Other Actions

Any proposed action of a type specified in this section ordinarily requires the preparation of an EA, unless it qualifies for exclusion under Section 30-20-40. Such actions include:

  1. Major recommendations or reports made to Congress on proposals for legislation in instances where the Department or OPDIV/STAFFDIV has primary responsibility for the subject matter involved; and

  2. Actions Involving Extraordinary Circumstances. As provided by 40 CFR ' 1508.4, an EA or an EIS will be required for any specific action that ordinarily is excluded if the OPDIV/ STAFFDIV has sufficient evidence to establish that the specific proposed action may significantly affect the quality of the human environment. OPDIVs/STAFFDIVs shall prepare an EA when there are extraordinary circumstances in which a normally excluded action may have a significant environmental effect. Extraordinary circumstances include the following:

    1. Unique situations presented by specific proposals, such as scientific controversy about the environmental effects of the proposal;

    2. Uncertain effects or effects involving unique or unknown risks; or

    3. Unresolved conflicts concerning alternate uses of available resources within the meaning of Section 102(2)(E) of NEPA.

  3. Actions Involving Cumulative Impacts. The CEQ regulations require consideration of three types of actions when determining the scope of environmental impact statements. These actions are: (1) connected actions; (2) cumulative actions; and (3) similar actions. An action may have three types of impacts: (1) direct; (2) indirect; or (3) cumulative. A determination that an action is categorically excluded will be precluded if the action is connected to another action that may require an environmental impact statement or when viewed with other proposed actions may have cumulatively significant impacts. CEQ defines "connected actions" and "cumulative actions", at 40 CFR ' 1508.25, as follows:

    1. Connected Actions. "Connected" actions means actions that are closely related and therefore should be discussed in the same impact statement. Actions are connected if they:

      1. Automatically trigger other actions which may require environmental impact statements;

      2. Cannot or will not proceed unless other actions are taken previously or simultaneously; or

      3. Are interdependent parts of a larger action and depend on the larger action for their justification.

    2. Cumulative Actions. "Cumulative actions" are actions which, when viewed with other proposed actions, have cumulatively significant impacts and should therefore be discussed in the same impact statement.


This page was last updated on May 23, 2013