# 18 CFR § 1318.101: Determining the appropriate level of NEPA review > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/ecfr-18-1318.101 ## Section - **Citation:** 18 CFR § 1318.101 - **Heading:** Determining the appropriate level of NEPA review - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** September 22, 2026 - **Source:** Publisher's official text - **Location:** Title 18—Conservation of Power and Water Resources > CHAPTER XIII—TENNESSEE VALLEY AUTHORITY > PART 1318—IMPLEMENTATION OF THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 > Subpart B—Initiating the NEPA Process ## Text (a) If TVA determines under § 1318.100 that NEPA applies to a proposed action or decision, TVA will then determine the appropriate level of NEPA review in the following sequence and manner. At all steps in the following process, TVA will consider the proposed action or project at hand and its effects. (1) If TVA has established, or adopted pursuant to NEPA sec. 109, 42 U.S.C. 4336c, a categorical exclusion that covers the proposed action, TVA will analyze whether to apply the categorical exclusion to the proposed action and apply the categorical exclusion, if appropriate, pursuant to subpart C of this part. (2) If another agency has already established a categorical exclusion that covers the proposed action, TVA will consider whether to adopt that exclusion pursuant to § 1318.200(d) so that it can be applied to the proposed action at issue, and to future actions or decisions of that type. (3) If the proposed action warrants the establishment of a new categorical exclusion, or the revision of an existing categorical exclusion, pursuant to § 1318.200(c), TVA will consider whether to establish or revise, and then apply the categorical exclusion to the proposed action pursuant to subpart C of this part. (4) If TVA cannot apply a categorical exclusion to the proposed action consistent with paragraphs (a)(1) through (3) of this section, TVA will consider the proposed action's reasonably foreseeable effects consistent with paragraph (b) of this section, and then will: (i) if the proposed action is not likely to have reasonably foreseeable significant effects or the significance of the effects is unknown, develop an EA, as described in subpart D of this part; or (ii) if the proposed action is likely to have reasonably foreseeable significant effects, develop an EIS, as described in subpart E of this part. (b) When considering whether the reasonably foreseeable effects of the proposed action are significant, TVA will analyze the potentially affected environment and degree of the effects of the proposed action. TVA may use any reliable data source and will not undertake new research unless it is essential to evaluating alternatives and the cost and time of obtaining it are not unreasonable. (1) In considering the potentially affected environment, TVA may consider, as appropriate to the specific proposed action, the affected area and its resources. (2) In considering the degree of the effects, TVA may consider the following, as appropriate to the specific proposed action: (i) Both short- and long-term effects. (ii) Both beneficial and adverse effects. (iii) Effects on public health and safety. (iv) Economic effects (v) Effects on the quality of life of the American people. ## Nearby sections - [18 CFR § 1318.10 § 1318.10 Purpose and policy.](https://www.frixlaw.com/law-library/statutes/ecfr-18-1318.10.md) - [18 CFR § 1318.20 § 1318.20 Abbreviations.](https://www.frixlaw.com/law-library/statutes/ecfr-18-1318.20.md) - [18 CFR § 1318.30 § 1318.30 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-18-1318.30.md) - [18 CFR § 1318.100 § 1318.100 Determining when NEPA applies.](https://www.frixlaw.com/law-library/statutes/ecfr-18-1318.100.md) - [18 CFR § 1318.101 § 1318.101 Determining the appropriate level of NEPA review.](https://www.frixlaw.com/law-library/statutes/ecfr-18-1318.101.md) - [18 CFR § 1318.102 § 1318.102 Determination of NEPA Adequacy.](https://www.frixlaw.com/law-library/statutes/ecfr-18-1318.102.md) - [18 CFR § 1318.103 § 1318.103 Supplements.](https://www.frixlaw.com/law-library/statutes/ecfr-18-1318.103.md) - [18 CFR § 1318.104 § 1318.104 Reliance on existing environmental documents.](https://www.frixlaw.com/law-library/statutes/ecfr-18-1318.104.md) - [18 CFR § 1318.105 § 1318.105 Lead and cooperating agency determinations.](https://www.frixlaw.com/law-library/statutes/ecfr-18-1318.105.md) - [18 CFR § 1318.106 § 1318.106 Schedule for the NEPA process.](https://www.frixlaw.com/law-library/statutes/ecfr-18-1318.106.md) - [18 CFR § 1318.107 § 1318.107 Scoping process.](https://www.frixlaw.com/law-library/statutes/ecfr-18-1318.107.md) - [18 CFR § 1318.200 § 1318.200 Purpose and scope.](https://www.frixlaw.com/law-library/statutes/ecfr-18-1318.200.md) - [18 CFR § 1318.201 § 1318.201 Extraordinary circumstances.](https://www.frixlaw.com/law-library/statutes/ecfr-18-1318.201.md) - [18 CFR § 1318.202 § 1318.202 Public notification.](https://www.frixlaw.com/law-library/statutes/ecfr-18-1318.202.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-18-1318.101. Check the current official text before relying on it. Not legal advice.