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57
<br />FISH AND WILDLIFE SERVICE
<br />ENVIRONMENTAL QUALITY
<br />Environmental Qualit Part 550 National Environmental Poiicv Act
<br />Chanter 3 Documentinc and tmolementino Decisions 550 FW 3 36(2)(el
<br />(e) Exposing existing or future generations to
<br />increased safety or health ha2ards.
<br />(f) Conflicts with substantially proposed or adopted
<br />local, regional, State, interstate, or Federal land use
<br />plans or policies, that may result in adverse
<br />environmental effects.
<br />lg) Adverse effects on designated or proposed natural
<br />or recreation areas, such as wilderness areas, parks,
<br />research natural areas, wild and scenic rivers, estuarine
<br />sanctuaries, national recreation areas, habitat
<br />conservation plan areas, threatened and endangered
<br />species, fish hatcheries, wildlife refuges, lands
<br />acquired or managed with Dingell-Johnson/Pittman-
<br />Robertson funds, unique or major wetland areas, and
<br />lands within a 100-year f{oodplain.
<br />(h) Removal from production of prime and unique
<br />agricultural lands, as designated by local, regional,
<br />State, or Federal authorities; in accordance with the
<br />Department's Environmental Statement Memorandum
<br />No. ESM 94-7.
<br />(i) Adverse effects on municipal, industrial, or
<br />agricultural water supply or quality; or major
<br />consumptive use or other long-term commitment of
<br />water.
<br />C) Condemnation of property rights or fee title to land;
<br />or large-scale relocation of people, homes, commercial,
<br />industrial, or major public facilities.
<br />(3) Content of the FONSI. The content of the FONSi
<br />is to be the same as discussed in 40 CFR 1508.13.
<br />Also refer to 516 DM 2.3C. Exhibit 3 is an example of
<br />a FONSI.
<br />14) Processing and Public Avadabi{ity/Review of the
<br />FONSI.
<br />la) The FONSI, signed by the Service decisionmaker, is
<br />an "environmental document" under 40 CFR 1506.6(b}
<br />and, therefore, must be made available to the affected
<br />public. A combination of methods may be used to
<br />provide notice, tailored to the needs of the particular
<br />case. Local mailings, publication in newspapers, radio
<br />announcements, and other means, including publication
<br />in the Federal Resister, may be used.
<br />(b) The FONSI must be made available for public
<br />review if the proposed action would be located in a
<br />floodplain or wetland, pursuant to Executive Orders
<br />11988 and 11990, respectively.
<br />(c) In certain cases, the Service must make the FONSI
<br />available for public review for 30 days before the
<br />action can be implemented, in accordance with 40 CFR
<br />1501.4(e)12). If the EA was not previously made available
<br />for public review, it should be made available for public
<br />review at the same time the FONSI is circulated. The
<br />criteria for circulating the FONSI are as follows.
<br />(i) The proposal is a borderline case (i.e., there is a
<br />reasonable argument for preparation of acs EIS).
<br />Ui) The proposal is an unusual case, a new kind of action,
<br />or aprecedent-setting case.
<br />(ii7) There is either scientific or public controversy over
<br />the proposal.
<br />(iv) When the FONSI involves a proposal which is or is
<br />closely similar to one which normally requires preparation
<br />of an EIS. Refer to 516 DM 6, Appendix 1.5B. See 550
<br />FW 3.38(6).
<br />(5) Implementing the Action in the FONSI.
<br />Ial The action may be initiated immediately following
<br />completion of 550 FW 3(8)(41. The Service must
<br />substantially comply with the decision made in the FOIVSI.
<br />The Service should make a diligent effort to involve the
<br />public in the implementation of the action (40 CFR
<br />1506.6).
<br />(b) When the initial proposed action in the EA integrates
<br />mitigation measures, without which the proposed action
<br />would cause significant effects, those mitigation measures
<br />are enforceable, thereby precluding the preparation of an
<br />EIS or reevaluation of the proposal. If those mitigation
<br />measures are not implemented, an ElS or reevaluation of
<br />the proposal would be required (40 CFR 1508.8 and
<br />1508.27).
<br />C. Environmental Action Statement (EAS).
<br />(1) Purposes of the EAS. The purposes of the EAS are:
<br />Ia) to establish a process for internal review of Service
<br />NEPA-related decision documents at the Regional and
<br />Washington Office level to ensure inter-program
<br />coordination, and
<br />Ib) to provide an appropriate administrative record of
<br />NEPA-related decisions at all management levels of the
<br />Service.
<br />(2) Actions for which an EAS should be Prepared. An
<br />EAS should be initiated by the Service office responsible
<br />for preparation of the NEPA documents. An EAS should
<br />be prepared when the following circumstances occur.
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