C.F.R. » Title 39 » CHAPTER I—UNITED STATES POSTAL SERVICE › SUBCHAPTER K—ENVIRONMENTAL REGULATIONS › PART 775—NATIONAL ENVIRONMENTAL POLICY ACT PROCEDURES

39 C.F.R. § 775.3

NEPA and Postal Service planning

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The Postal Service will determine that NEPA does not apply to a proposed action when:

(a) The activity or decision does not result in final action;

(b) The proposed activity or decision is exempted from NEPA by law;

(c) Compliance with NEPA would clearly and fundamentally conflict with the requirements of another provision of law;

(d) In circumstances where Congress by statute has prescribed decisional criteria with sufficient completeness and precision such that the Postal Service retains no residual discretion to alter its action based on the consideration of environmental factors, then that function of the Postal Service is nondiscretionary within the meaning of NEPA sec. 106(a)(4) and/or sec. 111(10)(B)(vii) (42 U.S.C. 4336(a)(4) and 4336e(10)(B)(vii), respectively), and NEPA does not apply to the action in question;

(e) The proposed action is an action for which another statute's requirements serve the function of agency compliance with NEPA; or

(f) The proposed action is not a “major Federal action.” In addition to the illustrative general categories set forth in NEPA sec. 111(10), 42 U.S.C. 4336e(10), the Postal Service has determined that the non-exhaustive list of the Postal Service's activities identified in appendix A to this part are not subject to NEPA because they presumptively do not meet the definition of a “major Federal action.”

Notes of Decisions
Cited in 2 cases, 1975–1978 · leading case: Morgan v. United States Postal Serv., 405 F. Supp. 413 (W.D. Mo. 1975).
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Morgan v. United States Postal Serv., 405 F. Supp. 413 (W.D. Mo. 1975). · cites it 2× “” 39 C.F.R. § 775.3 (a) (ii) (1975). Presumably, this project was deemed to be a “major action” since the manager of the Design and Construction Branch requested an environmental impact assessment prior to the filing of the suit.”
Higgins v. United States Postal Serv., 449 F. Supp. 1001 (D. Mass. 1978). “39 C.F.R. § 775.3 (a). Should the Postal Service determine, based on an environmental assessment, that the major action does not have the requisite effect on the quality of the human environment, a negative declaration is prepared.”
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