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For cases in which only an environmental assessment will be prepared, the NEPA
process should take no more than 3 months, and in many cases substantially
less, as part of the normal analysis and approval process for the action.
CHAPTER 11
36a. Q. How long and detailed must an environmental assessment (EA) be?
A. The environmental assessment is a concise public document that has three
fined functions. (1) It briefly provides sufficient evidence and analysis for
determining whether to prepare an EIS; (2) it aids an agency's compliance with
NEPA when no EIS is necessary, i.e., it helps to identify better alternatives
and mitigation measures and (3) it facilitates preparation of an EIS when one
is necessary. Section 1508.9(a).
Since the EA is a concise document, it should not contain long descriptions or
detailed data that the agency may have gathered. Rather, it should contain a
brief discussion of the need for the proposal, alternatives to the proposal,
the environmental impacts of the proposed action and alternatives, and a list
of agencies and persons consulted. Section 1508.9(b).
While the regulations do not contain page limits for EA's, the Council has
generally advised agencies to keep the length of EAs to not more than
approximately 10-15 pages. Some agencies expressly provide page guidelines
(e.g., 10-15 pages in the case of Army Corps). To avoid undue length, the EA
may incorporate by reference background data to support its concise discussion
of the proposal and relevant issues.
36b. Q. Under what circumstances is a lengthy EA appropriate?
A. Agencies should avoid preparing lengthy EAs except in unusual cases, where
a proposal is so complex that a concise document cannot meet the goals of
Section 1508.9 and where it is extremely difficult to determine whether the
proposal could have significant environmental effects. In most cases, however,
a lengthy EA indicates that an EIS is needed.
37a. Q. What is the level of detail of information that must be included in a
finding of no significant impact (FONSI)?
A. The FONSI is a document in which the agency briefly explains the reasons
why an action will not have a significant effect on the human environment and,
therefore, why an EIS will not be prepared. Section 1508.13. The finding
itself need not be detailed, but must succinctly state the reasons for
deciding that the action will have no significant environmental effects, and,
if relevant, must show which factors were weighted most heavily in the
determination. In addition to this statement, the FONSI must include,
summarize, or attach and incorporate by reference, the environmental
assessment.
37b. Q. What are the criteria for deciding whether a FONSI should be made
available for public review for 30 days before the agency's final
determination whether to prepare an EIS?
A. Public review is necessary, for example, (a) if the proposal is a
borderline case, i.e., when there is a reasonable argument for preparation of
an EIS; (b) if it is an unusual case, a new kind of action, or a precedent
setting case such as a first intrusion of even a minor development into a
pristine area; (c) when there is either scientific or public controversy over
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