The Agency may issue a FONSI or a revised FONSI only if the EA or supplemental EA supports the finding that the proposed action will not have a significant effect on the human environment. If the EA does not support a FONSI, the Agency will follow the requirements of subpart D of this part before taking action on the proposal.
A FONSI must include:
A summary of the supporting EA consisting of a brief description of the proposed action, the alternatives considered, and the proposal's impacts;
A notation of any other EAs or EISs that are being or will be prepared and that are related to the EA;
A brief discussion of why there would be no significant impacts;
Any mitigation essential to finding that the impacts of the proposed action would not be significant;
The date issued; and
The signature of the appropriate Agency approval official.
The Agency must ensure that the applicant has committed to any mitigation that is necessary to support a FONSI and possesses the authority and ability to fulfill those commitments. The Agency must ensure that mitigation, and, if appropriate, a mitigation plan that is necessary to support a FONSI, is made a condition of financial assistance.
The Agency must make a FONSI available to the public as provided at 40 CFR 1501.4(e) and 1506.6.
The Agency may revise a FONSI at any time provided that the revision is supported by an EA or a supplemental EA. A revised FONSI is subject to all provisions of this section.
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