I. INTRODUCTION
The FDIC issued a Statement of Policy, regarding the agency’s compliance with the National Environmental Policy Act of 1969 (NEPA). The purpose of the NEPA is to preserve the environment and requires, in part, that all federal agencies include in every recommendation or report on major federal actions significantly affecting the quality of the human environment, a detailed statement that addresses the environmental impact of the proposal. A section of law (See, 42 U.S.C. 4331 et seq.) applies to the FDIC with respect to applications, notices and requests (filings) submitted to the agency in compliance with FDIC regulations (12 C.F.R. Part 303 contains FDIC’s rules on filing procedures). The Statement of Policy affects, for example, applications for deposit insurance for de novo institutions, establishment of a domestic branch, and relocation of a domestic branch or main office. NEPA procedures may also impact other filings submitted to the FDIC.
II. FDIC RESPONSIBILITY
Although the FDIC believes that its decisions on Part 303 filings should rarely have a significant effect on the human environment, the FDIC will evaluate its regulatory actions in order to comply with NEPA requirements.
NEPA and its implementing regulations also require each federal agency to prepare an “environmental impact statement” (EIS) that analyzes the effects of and discuss alternatives for any proposed major federal action (including approval of a filing) significantly affecting the quality of the human environment. In order to determine whether an EIS must be prepared, an agency may conduct an “environmental assessment” (EA).
NEPA regulations require federal agencies to develop “categorical exclusions” (defined as “a category of filings that do not individually or cumulatively have a significant effect on the human environment and which require no NEPA analysis as part of the agencies’ NEPA procedures"). The FDIC Statement of Policy established categorical exclusions for all Part 303 filings made by depository institutions with the exception of applications for:
1. Deposit insurance for de novo institutions; and
2. Establishment of a domestic branch, or relocation of a domestic branch or main office.
The remainder of Part 303 filings is subject to categorical exclusions requiring no further NEPA action. Consistent with NEPA regulations however, the FDIC may request additional information from applicants if extraordinary circumstances indicate that a normally categorically excluded action may have a significant environmental effect. Such extraordinary circumstances may exist, for example, where filings involve real property where endangered or threatened species, wetlands or floodplains may be present, where the applicant’s proposed activity impacts cultural or historic sites, or where construction is proposed.
III. FDIC PROCEDURES
When the FDIC reviews a Part 303 filing, it will determine whether the filing falls within the categorical exclusions established in its statement of policy. If the filing falls within the categorical exclusions, the FDIC will then determine whether the proposal involves any extraordinary circumstances that require NEPA analysis and, if necessary, may request additional information from an applicant to assist in this determination.
A. Environmental Assessment
The FDIC will prepare an EA prior to approving a filing for: (1) deposit insurance for a de novo institution; or (2) establishment of a domestic branch, or relocation of a domestic branch or main office. An applicant must provide sufficient information for the FDIC to determine whether the application may affect the quality of the human environment.
An applicant must also provide information regarding compliance with local zoning laws and regulations and effects on traffic patterns (e.g., adequacy of roads and parking places, increase or decrease of traffic hazards and congestion and favorable impacts such as potential decrease in pollution or fuel consumption). The FDIC may request additional information, if necessary. Based on its evaluation of such information, the FDIC will prepare an EA.
B. Finding of No Significant Impact
If the EA indicates that approval of the filing will not significantly affect the quality of the human environment, the NEPA process will conclude with a “finding of no significant impact” (FONSI) for documentation purposes of the FDIC’s determination.
C. Environmental Impact Statement
If the EA indicates that approval of the filing may significantly affect the quality of the human environment, the FDIC will prepare an EIS.
D. Public Involvement
In compliance with NEPA regulations, the FDIC will make diligent efforts to involve the public in its NEPA compliance activities and inform the public of the availability of any environmental impact statements it prepares, including an opportunity for public comment prior to the finalization of such documents.
IV. CONCLUSION
Most depository institutions filings made pursuant to Part 303 will fall within the categorical exclusions established by the FDIC’s Statement of Policy. For filings that are not categorical exclusions or that involve extraordinary circumstances, the FDIC will analyze relevant information with respect to environmental factors and incorporate it into the FDIC’s environmental assessment. Filings requiring the preparation of an environmental impact statement should be rare.