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) A FONSI must include:
(1) A summary of the supporting EA consisting of a brief description of the proposed action, the alternatives considered, and the proposal's impacts;
(2) A notation of any other EAs or EISs that are being or will be prepared and that are related to the EA;
(3) A brief discussion of why there would be no significant impacts;
(4) Any mitigation essential to finding that the impacts of the proposed action would not be significant;
(5) The date issued; and
(6) The signature of the appropriate Agency approval official.
(b) 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.
(c) The Agency must make a FONSI available to the public as provided at 40 CFR 1501.4(e) and 1506.6.
(d) 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.