Current through September 30, 2024
Section 1318.303 - Finding of No Significant Impact(a) If the NEPA compliance staff concludes, based on an EA, that a proposed action does not require the preparation of an EIS, the NEPA compliance staff, in consultation with TVA legal counsel and the initiating TVA entity, will prepare a FONSI. The official responsible for NEPA compliance will sign the FONSI.(b) A FONSI must concisely summarize the proposed action and the EA, which should be incorporated by reference, and identify any environmental mitigation measures to which TVA commits.(c) A FONSI must be made available to the public.(d) In the following circumstance, the NEPA compliance staff, in consultation with TVA legal counsel and the initiating TVA entity, will make a draft EA and draft FONSI available for public review and comment for 30 days before a final determination is made whether to prepare an EIS and before the proposed action may begin:(1) The proposed action is, or is closely similar to, an action listed in § 1318.400(a) ,(2) TVA has issued a Notice of Intent that the proposed action would be the subject of an EIS, or(3) The nature of the proposed action is one without precedent.