[Title 40 CFR V]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter V - COUNCIL ON ENVIRONMENTAL QUALITY]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT282002-07-012002-07-01falseCOUNCIL ON ENVIRONMENTAL QUALITYVCHAPTER VPROTECTION OF ENVIRONMENT
               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY




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Part                                                                Page
1500            Purpose, policy, and mandate................         465
1501            NEPA and agency planning....................         467
1502            Environmental impact statement..............         471
1503            Commenting..................................         478
1504            Predecision referrals to the Council of 
                    proposed Federal actions determined to 
                    be environmentally unsatisfactory.......         479
1505            NEPA and agency decisionmaking..............         481
1506            Other requirements of NEPA..................         482
1507            Agency compliance...........................         487
1508            Terminology and index.......................         489
1515            Freedom of Information Act procedures.......         494
1516            Privacy Act implementation..................         498
1517            Public meeting procedures of the Council on 
                    Environmental Quality...................         499
                Index to parts 1500 through 1508............         504

[[Page 465]]



PART 1500--PURPOSE, POLICY, AND MANDATE--Table of Contents




Sec.
1500.1 Purpose.
1500.2 Policy.
1500.3 Mandate.
1500.4 Reducing paperwork.
1500.5 Reducing delay.
1500.6 Agency authority.

    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 
as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 
amended (42 U.S.C. 7609) and E.O. 11514, Mar. 5, 1970, as amended by 
E.O. 11991, May 24, 1977).

    Source: 43 FR 55990, Nov. 28, 1978, unless otherwise noted.



Sec. 1500.1  Purpose.

    (a) The National Environmental Policy Act (NEPA) is our basic 
national charter for protection of the environment. It establishes 
policy, sets goals (section 101), and provides means (section 102) for 
carrying out the policy. Section 102(2) contains ``action-forcing'' 
provisions to make sure that federal agencies act according to the 
letter and spirit of the Act. The regulations that follow implement 
section 102(2). Their purpose is to tell federal agencies what they must 
do to comply with the procedures and achieve the goals of the Act. The 
President, the federal agencies, and the courts share responsibility for 
enforcing the Act so as to achieve the substantive requirements of 
section 101.
    (b) NEPA procedures must insure that environmental information is 
available to public officials and citizens before decisions are made and 
before actions are taken. The information must be of high quality. 
Accurate scientific analysis, expert agency comments, and public 
scrutiny are essential to implementing NEPA. Most important, NEPA 
documents must concentrate on the issues that are truly significant to 
the action in question, rather than amassing needless detail.
    (c) Ultimately, of course, it is not better documents but better 
decisions that count. NEPA's purpose is not to generate paperwork--even 
excellent paperwork--but to foster excellent action. The NEPA process is 
intended to help public officials make decisions that are based on 
understanding of environmental consequences, and take actions that 
protect, restore, and enhance the environment. These regulations provide 
the direction to achieve this purpose.



Sec. 1500.2  Policy.

    Federal agencies shall to the fullest extent possible:
    (a) Interpret and administer the policies, regulations, and public 
laws of the United States in accordance with the policies set forth in 
the Act and in these regulations.
    (b) Implement procedures to make the NEPA process more useful to 
decisionmakers and the public; to reduce paperwork and the accumulation 
of extraneous background data; and to emphasize real environmental 
issues and alternatives. Environmental impact statements shall be 
concise, clear, and to the point, and shall be supported by evidence 
that agencies have made the necessary environmental analyses.
    (c) Integrate the requirements of NEPA with other planning and 
environmental review procedures required by law or by agency practice so 
that all such procedures run concurrently rather than consecutively.
    (d) Encourage and facilitate public involvement in decisions which 
affect the quality of the human environment.
    (e) Use the NEPA process to identify and assess the reasonable 
alternatives to proposed actions that will avoid or minimize adverse 
effects of these actions upon the quality of the human environment.
    (f) Use all practicable means, consistent with the requirements of 
the Act and other essential considerations of national policy, to 
restore and enhance the quality of the human environment and avoid or 
minimize any possible adverse effects of their actions upon the quality 
of the human environment.



Sec. 1500.3  Mandate.

    Parts 1500 through 1508 of this title provide regulations applicable 
to and binding on all Federal agencies for implementing the procedural 
provisions of the National Environmental Policy Act of 1969, as amended 
(Pub. L. 91-190, 42 U.S.C. 4321 et seq.) (NEPA or the Act)

[[Page 466]]

except where compliance would be inconsistent with other statutory 
requirements. These regulations are issued pursuant to NEPA, the 
Environmental Quality Improvement Act of 1970, as amended (42 U.S.C. 
4371 et seq.) section 309 of the Clean Air Act, as amended (42 U.S.C. 
7609) and Executive Order 11514, Protection and Enhancement of 
Environmental Quality (March 5, 1970, as amended by Executive Order 
11991, May 24, 1977). These regulations, unlike the predecessor 
guidelines, are not confined to sec. 102(2)(C) (environmental impact 
statements). The regulations apply to the whole of section 102(2). The 
provisions of the Act and of these regulations must be read together as 
a whole in order to comply with the spirit and letter of the law. It is 
the Council's intention that judicial review of agency compliance with 
these regulations not occur before an agency has filed the final 
environmental impact statement, or has made a final finding of no 
significant impact (when such a finding will result in action affecting 
the environment), or takes action that will result in irreparable 
injury. Furthermore, it is the Council's intention that any trivial 
violation of these regulations not give rise to any independent cause of 
action.



Sec. 1500.4  Reducing paperwork.

    Agencies shall reduce excessive paperwork by:
    (a) Reducing the length of environmental impact statements 
(Sec. 1502.2(c)), by means such as setting appropriate page limits 
(Secs. 1501.7(b)(1) and 1502.7).
    (b) Preparing analytic rather than encyclopedic environmental impact 
statements (Sec. 1502.2(a)).
    (c) Discussing only briefly issues other than significant ones 
(Sec. 1502.2(b)).
    (d) Writing environmental impact statements in plain language 
(Sec. 1502.8).
    (e) Following a clear format for environmental impact statements 
(Sec. 1502.10).
    (f) Emphasizing the portions of the environmental impact statement 
that are useful to decisionmakers and the public (Secs. 1502.14 and 
1502.15) and reducing emphasis on background material (Sec. 1502.16).
    (g) Using the scoping process, not only to identify significant 
environmental issues deserving of study, but also to deemphasize 
insignificant issues, narrowing the scope of the environmental impact 
statement process accordingly (Sec. 1501.7).
    (h) Summarizing the environmental impact statement (Sec. 1502.12) 
and circulating the summary instead of the entire environmental impact 
statement if the latter is unusually long (Sec. 1502.19).
    (i) Using program, policy, or plan environmental impact statements 
and tiering from statements of broad scope to those of narrower scope, 
to eliminate repetitive discussions of the same issues (Secs. 1502.4 and 
1502.20).
    (j) Incorporating by reference (Sec. 1502.21).
    (k) Integrating NEPA requirements with other environmental review 
and consultation requirements (Sec. 1502.25).
    (l) Requiring comments to be as specific as possible (Sec. 1503.3).
    (m) Attaching and circulating only changes to the draft 
environmental impact statement, rather than rewriting and circulating 
the entire statement when changes are minor (Sec. 1503.4(c)).
    (n) Eliminating duplication with State and local procedures, by 
providing for joint preparation (Sec. 1506.2), and with other Federal 
procedures, by providing that an agency may adopt appropriate 
environmental documents prepared by another agency (Sec. 1506.3).
    (o) Combining environmental documents with other documents 
(Sec. 1506.4).
    (p) Using categorical exclusions to define categories of actions 
which do not individually or cumulatively have a significant effect on 
the human environment and which are therefore exempt from requirements 
to prepare an environmental impact statement (Sec. 1508.4).
    (q) Using a finding of no significant impact when an action not 
otherwise excluded will not have a significant effect on the human 
environment and is therefore exempt from requirements to prepare an 
environmental impact statement (Sec. 1508.13).

[43 FR 55990, Nov. 29, 1978; 44 FR 873, Jan. 3, 1979]



Sec. 1500.5  Reducing delay.

    Agencies shall reduce delay by:

[[Page 467]]

    (a) Integrating the NEPA process into early planning (Sec. 1501.2).
    (b) Emphasizing interagency cooperation before the environmental 
impact statement is prepared, rather than submission of adversary 
comments on a completed document (Sec. 1501.6).
    (c) Insuring the swift and fair resolution of lead agency disputes 
(Sec. 1501.5).
    (d) Using the scoping process for an early identification of what 
are and what are not the real issues (Sec. 1501.7).
    (e) Establishing appropriate time limits for the environmental 
impact statement process (Secs. 1501.7(b)(2) and 1501.8).
    (f) Preparing environmental impact statements early in the process 
(Sec. 1502.5).
    (g) Integrating NEPA requirements with other environmental review 
and consultation requirements (Sec. 1502.25).
    (h) Eliminating duplication with State and local procedures by 
providing for joint preparation (Sec. 1506.2) and with other Federal 
procedures by providing that an agency may adopt appropriate 
environmental documents prepared by another agency (Sec. 1506.3).
    (i) Combining environmental documents with other documents 
(Sec. 1506.4).
    (j) Using accelerated procedures for proposals for legislation 
(Sec. 1506.8).
    (k) Using categorical exclusions to define categories of actions 
which do not individually or cumulatively have a significant effect on 
the human environment (Sec. 1508.4) and which are therefore exempt from 
requirements to prepare an environmental impact statement.
    (l) Using a finding of no significant impact when an action not 
otherwise excluded will not have a significant effect on the human 
environment (Sec. 1508.13) and is therefore exempt from requirements to 
prepare an environmental impact statement.



Sec. 1500.6  Agency authority.

    Each agency shall interpret the provisions of the Act as a 
supplement to its existing authority and as a mandate to view 
traditional policies and missions in the light of the Act's national 
environmental objectives. Agencies shall review their policies, 
procedures, and regulations accordingly and revise them as necessary to 
insure full compliance with the purposes and provisions of the Act. The 
phrase ``to the fullest extent possible'' in section 102 means that each 
agency of the Federal Government shall comply with that section unless 
existing law applicable to the agency's operations expressly prohibits 
or makes compliance impossible.



PART 1501--NEPA AND AGENCY PLANNING--Table of Contents




Sec.
1501.1 Purpose.
1501.2 Apply NEPA early in the process.
1501.3 When to prepare an environmental assessment.
1501.4 Whether to prepare an environmental impact statement.
1501.5 Lead agencies.
1501.6 Cooperating agencies.
1501.7 Scoping.
1501.8 Time limits.

    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 
as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 
amended (42 U.S.C. 7609, and E.O. 11514 (Mar. 5, 1970, as amended by 
E.O. 11991, May 24, 1977).

    Source: 43 FR 55992, Nov. 29, 1978, unless otherwise noted.



Sec. 1501.1  Purpose.

    The purposes of this part include:
    (a) Integrating the NEPA process into early planning to insure 
appropriate consideration of NEPA's policies and to eliminate delay.
    (b) Emphasizing cooperative consultation among agencies before the 
environmental impact statement is prepared rather than submission of 
adversary comments on a completed document.
    (c) Providing for the swift and fair resolution of lead agency 
disputes.
    (d) Identifying at an early stage the significant environmental 
issues deserving of study and deemphasizing insignificant issues, 
narrowing the scope of the environmental impact statement accordingly.
    (e) Providing a mechanism for putting appropriate time limits on the 
environmental impact statement process.

[[Page 468]]



Sec. 1501.2  Apply NEPA early in the process.

    Agencies shall integrate the NEPA process with other planning at the 
earliest possible time to insure that planning and decisions reflect 
environmental values, to avoid delays later in the process, and to head 
off potential conflicts. Each agency shall:
    (a) Comply with the mandate of section 102(2)(A) to ``utilize a 
systematic, interdisciplinary approach which will insure the integrated 
use of the natural and social sciences and the environmental design arts 
in planning and in decisionmaking which may have an impact on man's 
environment,'' as specified by Sec. 1507.2.
    (b) Identify environmental effects and values in adequate detail so 
they can be compared to economic and technical analyses. Environmental 
documents and appropriate analyses shall be circulated and reviewed at 
the same time as other planning documents.
    (c) Study, develop, and describe appropriate alternatives to 
recommended courses of action in any proposal which involves unresolved 
conflicts concerning alternative uses of available resources as provided 
by section 102(2)(E) of the Act.
    (d) Provide for cases where actions are planned by private 
applicants or other non-Federal entities before Federal involvement so 
that:
    (1) Policies or designated staff are available to advise potential 
applicants of studies or other information foreseeably required for 
later Federal action.
    (2) The Federal agency consults early with appropriate State and 
local agencies and Indian tribes and with interested private persons and 
organizations when its own involvement is reasonably foreseeable.
    (3) The Federal agency commences its NEPA process at the earliest 
possible time.



Sec. 1501.3  When to prepare an environmental assessment.

    (a) Agencies shall prepare an environmental assessment (Sec. 1508.9) 
when necessary under the procedures adopted by individual agencies to 
supplement these regulations as described in Sec. 1507.3. An assessment 
is not necessary if the agency has decided to prepare an environmental 
impact statement.
    (b) Agencies may prepare an environmental assessment on any action 
at any time in order to assist agency planning and decisionmaking.



Sec. 1501.4  Whether to prepare an environmental impact statement.

    In determining whether to prepare an environmental impact statement 
the Federal agency shall:
    (a) Determine under its procedures supplementing these regulations 
(described in Sec. 1507.3) whether the proposal is one which:
    (1) Normally requires an environmental impact statement, or
    (2) Normally does not require either an environmental impact 
statement or an environmental assessment (categorical exclusion).
    (b) If the proposed action is not covered by paragraph (a) of this 
section, prepare an environmental assessment (Sec. 1508.9). The agency 
shall involve environmental agencies, applicants, and the public, to the 
extent practicable, in preparing assessments required by 
Sec. 1508.9(a)(1).
    (c) Based on the environmental assessment make its determination 
whether to prepare an environmental impact statement.
    (d) Commence the scoping process (Sec. 1501.7), if the agency will 
prepare an environmental impact statement.
    (e) Prepare a finding of no significant impact (Sec. 1508.13), if 
the agency determines on the basis of the environmental assessment not 
to prepare a statement.
    (1) The agency shall make the finding of no significant impact 
available to the affected public as specified in Sec. 1506.6.
    (2) In certain limited circumstances, which the agency may cover in 
its procedures under Sec. 1507.3, the agency shall make the finding of 
no significant impact available for public review (including State and 
areawide clearinghouses) for 30 days before the agency makes its final 
determination whether to prepare an environmental impact statement and 
before the action may begin. The circumstances are:

[[Page 469]]

    (i) The proposed action is, or is closely similar to, one which 
normally requires the preparation of an environmental impact statement 
under the procedures adopted by the agency pursuant to Sec. 1507.3, or
    (ii) The nature of the proposed action is one without precedent.



Sec. 1501.5  Lead agencies.

    (a) A lead agency shall supervise the preparation of an 
environmental impact statement if more than one Federal agency either:
    (1) Proposes or is involved in the same action; or
    (2) Is involved in a group of actions directly related to each other 
because of their functional interdependence or geographical proximity.
    (b) Federal, State, or local agencies, including at least one 
Federal agency, may act as joint lead agencies to prepare an 
environmental impact statement (Sec. 1506.2).
    (c) If an action falls within the provisions of paragraph (a) of 
this section the potential lead agencies shall determine by letter or 
memorandum which agency shall be the lead agency and which shall be 
cooperating agencies. The agencies shall resolve the lead agency 
question so as not to cause delay. If there is disagreement among the 
agencies, the following factors (which are listed in order of descending 
importance) shall determine lead agency designation:
    (1) Magnitude of agency's involvement.
    (2) Project approval/disapproval authority.
    (3) Expertise concerning the action's environmental effects.
    (4) Duration of agency's involvement.
    (5) Sequence of agency's involvement.
    (d) Any Federal agency, or any State or local agency or private 
person substantially affected by the absence of lead agency designation, 
may make a written request to the potential lead agencies that a lead 
agency be designated.
    (e) If Federal agencies are unable to agree on which agency will be 
the lead agency or if the procedure described in paragraph (c) of this 
section has not resulted within 45 days in a lead agency designation, 
any of the agencies or persons concerned may file a request with the 
Council asking it to determine which Federal agency shall be the lead 
agency.

A copy of the request shall be transmitted to each potential lead 
agency. The request shall consist of:
    (1) A precise description of the nature and extent of the proposed 
action.
    (2) A detailed statement of why each potential lead agency should or 
should not be the lead agency under the criteria specified in paragraph 
(c) of this section.
    (f) A response may be filed by any potential lead agency concerned 
within 20 days after a request is filed with the Council. The Council 
shall determine as soon as possible but not later than 20 days after 
receiving the request and all responses to it which Federal agency shall 
be the lead agency and which other Federal agencies shall be cooperating 
agencies.

[43 FR 55992, Nov. 29, 1978; 44 FR 873, Jan. 3, 1979]



Sec. 1501.6  Cooperating agencies.

    The purpose of this section is to emphasize agency cooperation early 
in the NEPA process. Upon request of the lead agency, any other Federal 
agency which has jurisdiction by law shall be a cooperating agency. In 
addition any other Federal agency which has special expertise with 
respect to any environmental issue, which should be addressed in the 
statement may be a cooperating agency upon request of the lead agency. 
An agency may request the lead agency to designate it a cooperating 
agency.
    (a) The lead agency shall:
    (1) Request the participation of each cooperating agency in the NEPA 
process at the earliest possible time.
    (2) Use the environmental analysis and proposals of cooperating 
agencies with jurisdiction by law or special expertise, to the maximum 
extent possible consistent with its responsibility as lead agency.
    (3) Meet with a cooperating agency at the latter's request.
    (b) Each cooperating agency shall:
    (1) Participate in the NEPA process at the earliest possible time.

[[Page 470]]

    (2) Participate in the scoping process (described below in 
Sec. 1501.7).
    (3) Assume on request of the lead agency responsibility for 
developing information and preparing environmental analyses including 
portions of the environmental impact statement concerning which the 
cooperating agency has special expertise.
    (4) Make available staff support at the lead agency's request to 
enhance the latter's interdisciplinary capability.
    (5) Normally use its own funds. The lead agency shall, to the extent 
available funds permit, fund those major activities or analyses it 
requests from cooperating agencies. Potential lead agencies shall 
include such funding requirements in their budget requests.
    (c) A cooperating agency may in response to a lead agency's request 
for assistance in preparing the environmental impact statement 
(described in paragraph (b)(3), (4), or (5) of this section) reply that 
other program commitments preclude any involvement or the degree of 
involvement requested in the action that is the subject of the 
environmental impact statement. A copy of this reply shall be submitted 
to the Council.



Sec. 1501.7  Scoping.

    There shall be an early and open process for determining the scope 
of issues to be addressed and for identifying the significant issues 
related to a proposed action. This process shall be termed scoping. As 
soon as practicable after its decision to prepare an environmental 
impact statement and before the scoping process the lead agency shall 
publish a notice of intent (Sec. 1508.22) in the Federal Register except 
as provided in Sec. 1507.3(e).
    (a) As part of the scoping process the lead agency shall:
    (1) Invite the participation of affected Federal, State, and local 
agencies, any affected Indian tribe, the proponent of the action, and 
other interested persons (including those who might not be in accord 
with the action on environmental grounds), unless there is a limited 
exception under Sec. 1507.3(c). An agency may give notice in accordance 
with Sec. 1506.6.
    (2) Determine the scope (Sec. 1508.25) and the significant issues to 
be analyzed in depth in the environmental impact statement.
    (3) Identify and eliminate from detailed study the issues which are 
not significant or which have been covered by prior environmental review 
(Sec. 1506.3), narrowing the discussion of these issues in the statement 
to a brief presentation of why they will not have a significant effect 
on the human environment or providing a reference to their coverage 
elsewhere.
    (4) Allocate assignments for preparation of the environmental impact 
statement among the lead and cooperating agencies, with the lead agency 
retaining responsibility for the statement.
    (5) Indicate any public environmental assessments and other 
environmental impact statements which are being or will be prepared that 
are related to but are not part of the scope of the impact statement 
under consideration.
    (6) Identify other environmental review and consultation 
requirements so the lead and cooperating agencies may prepare other 
required analyses and studies concurrently with, and integrated with, 
the environmental impact statement as provided in Sec. 1502.25.
    (7) Indicate the relationship between the timing of the preparation 
of environmental analyses and the agency's tentative planning and 
decisionmaking schedule.
    (b) As part of the scoping process the lead agency may:
    (1) Set page limits on environmental documents (Sec. 1502.7).
    (2) Set time limits (Sec. 1501.8).
    (3) Adopt procedures under Sec. 1507.3 to combine its environmental 
assessment process with its scoping process.
    (4) Hold an early scoping meeting or meetings which may be 
integrated with any other early planning meeting the agency has. Such a 
scoping meeting will often be appropriate when the impacts of a 
particular action are confined to specific sites.
    (c) An agency shall revise the determinations made under paragraphs 
(a) and (b) of this section if substantial changes are made later in the 
proposed

[[Page 471]]

action, or if significant new circumstances or information arise which 
bear on the proposal or its impacts.



Sec. 1501.8  Time limits.

    Although the Council has decided that prescribed universal time 
limits for the entire NEPA process are too inflexible, Federal agencies 
are encouraged to set time limits appropriate to individual actions 
(consistent with the time intervals required by Sec. 1506.10). When 
multiple agencies are involved the reference to agency below means lead 
agency.
    (a) The agency shall set time limits if an applicant for the 
proposed action requests them: Provided, That the limits are consistent 
with the purposes of NEPA and other essential considerations of national 
policy.
    (b) The agency may:
    (1) Consider the following factors in determining time limits:
    (i) Potential for environmental harm.
    (ii) Size of the proposed action.
    (iii) State of the art of analytic techniques.
    (iv) Degree of public need for the proposed action, including the 
consequences of delay.
    (v) Number of persons and agencies affected.
    (vi) Degree to which relevant information is known and if not known 
the time required for obtaining it.
    (vii) Degree to which the action is controversial.
    (viii) Other time limits imposed on the agency by law, regulations, 
or executive order.
    (2) Set overall time limits or limits for each constituent part of 
the NEPA process, which may include:
    (i) Decision on whether to prepare an environmental impact statement 
(if not already decided).
    (ii) Determination of the scope of the environmental impact 
statement.
    (iii) Preparation of the draft environmental impact statement.
    (iv) Review of any comments on the draft environmental impact 
statement from the public and agencies.
    (v) Preparation of the final environmental impact statement.
    (vi) Review of any comments on the final environmental impact 
statement.
    (vii) Decision on the action based in part on the environmental 
impact statement.
    (3) Designate a person (such as the project manager or a person in 
the agency's office with NEPA responsibilities) to expedite the NEPA 
process.
    (c) State or local agencies or members of the public may request a 
Federal Agency to set time limits.



PART 1502--ENVIRONMENTAL IMPACT STATEMENT--Table of Contents




Sec.
1502.1 Purpose.
1502.2 Implementation.
1502.3 Statutory requirements for statements.
1502.4 Major Federal actions requiring the preparation of environmental 
          impact statements.
1502.5 Timing.
1502.6 Interdisciplinary preparation.
1502.7 Page limits.
1502.8 Writing.
1502.9 Draft, final, and supplemental statements.
1502.10 Recommended format.
1502.11 Cover sheet.
1502.12 Summary.
1502.13 Purpose and need.
1502.14 Alternatives including the proposed action.
1502.15 Affected environment.
1502.16 Environmental consequences.
1502.17 List of preparers.
1502.18 Appendix.
1502.19 Circulation of the environmental impact statement.
1502.20 Tiering.
1502.21 Incorporation by reference.
1502.22 Incomplete or unavailable information.
1502.23 Cost-benefit analysis.
1502.24 Methodology and scientific accuracy.
1502.25 Environmental review and consultation requirements.

    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 
as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 
amended (42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by 
E.O. 11991, May 24, 1977).

    Source: 43 FR 55994, Nov. 29, 1978, unless otherwise noted.



Sec. 1502.1  Purpose.

    The primary purpose of an environmental impact statement is to serve 
as an action-forcing device to insure that the policies and goals 
defined in the

[[Page 472]]

Act are infused into the ongoing programs and actions of the Federal 
Government. It shall provide full and fair discussion of significant 
environmental impacts and shall inform decisionmakers and the public of 
the reasonable alternatives which would avoid or minimize adverse 
impacts or enhance the quality of the human environment. Agencies shall 
focus on significant environmental issues and alternatives and shall 
reduce paperwork and the accumulation of extraneous background data. 
Statements shall be concise, clear, and to the point, and shall be 
supported by evidence that the agency has made the necessary 
environmental analyses. An environmental impact statement is more than a 
disclosure document. It shall be used by Federal officials in 
conjunction with other relevant material to plan actions and make 
decisions.



Sec. 1502.2  Implementation.

    To achieve the purposes set forth in Sec. 1502.1 agencies shall 
prepare environmental impact statements in the following manner:
    (a) Environmental impact statements shall be analytic rather than 
encyclopedic.
    (b) Impacts shall be discussed in proportion to their significance. 
There shall be only brief discussion of other than significant issues. 
As in a finding of no significant impact, there should be only enough 
discussion to show why more study is not warranted.
    (c) Environmental impact statements shall be kept concise and shall 
be no longer than absolutely necessary to comply with NEPA and with 
these regulations. Length should vary first with potential environmental 
problems and then with project size.
    (d) Environmental impact statements shall state how alternatives 
considered in it and decisions based on it will or will not achieve the 
requirements of sections 101 and 102(1) of the Act and other 
environmental laws and policies.
    (e) The range of alternatives discussed in environmental impact 
statements shall encompass those to be considered by the ultimate agency 
decisionmaker.
    (f) Agencies shall not commit resources prejudicing selection of 
alternatives before making a final decision (Sec. 1506.1).
    (g) Environmental impact statements shall serve as the means of 
assessing the environmental impact of proposed agency actions, rather 
than justifying decisions already made.



Sec. 1502.3  Statutory requirements for statements.

    As required by sec. 102(2)(C) of NEPA environmental impact 
statements (Sec. 1508.11) are to be included in every recommendation or 
report.
    On proposals (Sec. 1508.23).
    For legislation and (Sec. 1508.17).
    Other major Federal actions (Sec. 1508.18).
    Significantly (Sec. 1508.27).
    Affecting (Secs. 1508.3, 1508.8).
    The quality of the human environment (Sec. 1508.14).



Sec. 1502.4  Major Federal actions requiring the preparation of environmental impact statements.

    (a) Agencies shall make sure the proposal which is the subject of an 
environmental impact statement is properly defined. Agencies shall use 
the criteria for scope (Sec. 1508.25) to determine which proposal(s) 
shall be the subject of a particular statement. Proposals or parts of 
proposals which are related to each other closely enough to be, in 
effect, a single course of action shall be evaluated in a single impact 
statement.
    (b) Environmental impact statements may be prepared, and are 
sometimes required, for broad Federal actions such as the adoption of 
new agency programs or regulations (Sec. 1508.18). Agencies shall 
prepare statements on broad actions so that they are relevant to policy 
and are timed to coincide with meaningful points in agency planning and 
decisionmaking.
    (c) When preparing statements on broad actions (including proposals 
by more than one agency), agencies may find it useful to evaluate the 
proposal(s) in one of the following ways:
    (1) Geographically, including actions occurring in the same general 
location, such as body of water, region, or metropolitan area.
    (2) Generically, including actions which have relevant similarities, 
such

[[Page 473]]

as common timing, impacts, alternatives, methods of implementation, 
media, or subject matter.
    (3) By stage of technological development including federal or 
federally assisted research, development or demonstration programs for 
new technologies which, if applied, could significantly affect the 
quality of the human environment. Statements shall be prepared on such 
programs and shall be available before the program has reached a stage 
of investment or commitment to implementation likely to determine 
subsequent development or restrict later alternatives.
    (d) Agencies shall as appropriate employ scoping (Sec. 1501.7), 
tiering (Sec. 1502.20), and other methods listed in Secs. 1500.4 and 
1500.5 to relate broad and narrow actions and to avoid duplication and 
delay.



Sec. 1502.5  Timing.

    An agency shall commence preparation of an environmental impact 
statement as close as possible to the time the agency is developing or 
is presented with a proposal (Sec. 1508.23) so that preparation can be 
completed in time for the final statement to be included in any 
recommendation or report on the proposal. The statement shall be 
prepared early enough so that it can serve practically as an important 
contribution to the decisionmaking process and will not be used to 
rationalize or justify decisions already made (Secs. 1500.2(c), 1501.2, 
and 1502.2). For instance:
    (a) For projects directly undertaken by Federal agencies the 
environmental impact statement shall be prepared at the feasibility 
analysis (go-no go) stage and may be supplemented at a later stage if 
necessary.
    (b) For applications to the agency appropriate environmental 
assessments or statements shall be commenced no later than immediately 
after the application is received. Federal agencies are encouraged to 
begin preparation of such assessments or statements earlier, preferably 
jointly with applicable State or local agencies.
    (c) For adjudication, the final environmental impact statement shall 
normally precede the final staff recommendation and that portion of the 
public hearing related to the impact study. In appropriate circumstances 
the statement may follow preliminary hearings designed to gather 
information for use in the statements.
    (d) For informal rulemaking the draft environmental impact statement 
shall normally accompany the proposed rule.



Sec. 1502.6  Interdisciplinary preparation.

    Environmental impact statements shall be prepared using an inter-
disciplinary approach which will insure the integrated use of the 
natural and social sciences and the environmental design arts (section 
102(2)(A) of the Act). The disciplines of the preparers shall be 
appropriate to the scope and issues identified in the scoping process 
(Sec. 1501.7).



Sec. 1502.7  Page limits.

    The text of final environmental impact statements (e.g., paragraphs 
(d) through (g) of Sec. 1502.10) shall normally be less than 150 pages 
and for proposals of unusual scope or complexity shall normally be less 
than 300 pages.



Sec. 1502.8  Writing.

    Environmental impact statements shall be written in plain language 
and may use appropriate graphics so that decisionmakers and the public 
can readily understand them. Agencies should employ writers of clear 
prose or editors to write, review, or edit statements, which will be 
based upon the analysis and supporting data from the natural and social 
sciences and the environmental design arts.



Sec. 1502.9  Draft, final, and supplemental statements.

    Except for proposals for legislation as provided in Sec. 1506.8 
environmental impact statements shall be prepared in two stages and may 
be supplemented.
    (a) Draft environmental impact statements shall be prepared in 
accordance with the scope decided upon in the scoping process. The lead 
agency shall work with the cooperating agencies and shall obtain 
comments as required in part 1503 of this chapter. The draft statement 
must fulfill and satisfy to the fullest extent possible the requirements 
established for final statements

[[Page 474]]

in section 102(2)(C) of the Act. If a draft statement is so inadequate 
as to preclude meaningful analysis, the agency shall prepare and 
circulate a revised draft of the appropriate portion. The agency shall 
make every effort to disclose and discuss at appropriate points in the 
draft statement all major points of view on the environmental impacts of 
the alternatives including the proposed action.
    (b) Final environmental impact statements shall respond to comments 
as required in part 1503 of this chapter. The agency shall discuss at 
appropriate points in the final statement any responsible opposing view 
which was not adequately discussed in the draft statement and shall 
indicate the agency's response to the issues raised.
    (c) Agencies:
    (1) Shall prepare supplements to either draft or final environmental 
impact statements if:
    (i) The agency makes substantial changes in the proposed action that 
are relevant to environmental concerns; or
    (ii) There are significant new circumstances or information relevant 
to environmental concerns and bearing on the proposed action or its 
impacts.
    (2) May also prepare supplements when the agency determines that the 
purposes of the Act will be furthered by doing so.
    (3) Shall adopt procedures for introducing a supplement into its 
formal administrative record, if such a record exists.
    (4) Shall prepare, circulate, and file a supplement to a statement 
in the same fashion (exclusive of scoping) as a draft and final 
statement unless alternative procedures are approved by the Council.



Sec. 1502.10  Recommended format.

    Agencies shall use a format for environmental impact statements 
which will encourage good analysis and clear presentation of the 
alternatives including the proposed action. The following standard 
format for environmental impact statements should be followed unless the 
agency determines that there is a compelling reason to do otherwise:
    (a) Cover sheet.
    (b) Summary.
    (c) Table of contents.
    (d) Purpose of and need for action.
    (e) Alternatives including proposed action (sections 102(2)(C)(iii) 
and 102(2)(E) of the Act).
    (f) Affected environment.
    (g) Environmental consequences (especially sections 102(2)(C)(i), 
(ii), (iv), and (v) of the Act).
    (h) List of preparers.
    (i) List of Agencies, Organizations, and persons to whom copies of 
the statement are sent.
    (j) Index.
    (k) Appendices (if any).

If a different format is used, it shall include paragraphs (a), (b), 
(c), (h), (i), and (j), of this section and shall include the substance 
of paragraphs (d), (e), (f), (g), and (k) of this section, as further 
described in Secs. 1502.11 through 1502.18, in any appropriate format.



Sec. 1502.11  Cover sheet.

    The cover sheet shall not exceed one page. It shall include:
    (a) A list of the responsible agencies including the lead agency and 
any cooperating agencies.
    (b) The title of the proposed action that is the subject of the 
statement (and if appropriate the titles of related cooperating agency 
actions), together with the State(s) and county(ies) (or other 
jurisdiction if applicable) where the action is located.
    (c) The name, address, and telephone number of the person at the 
agency who can supply further information.
    (d) A designation of the statement as a draft, final, or draft or 
final supplement.
    (e) A one paragraph abstract of the statement.
    (f) The date by which comments must be received (computed in 
cooperation with EPA under Sec. 1506.10).

The information required by this section may be entered on Standard Form 
424 (in items 4, 6, 7, 10, and 18).



Sec. 1502.12  Summary.

    Each environmental impact statement shall contain a summary which 
adequately and accurately summarizes the statement. The summary shall 
stress the major conclusions, areas of controversy (including issues 
raised by agencies and the public), and the issues to be resolved 
(including the choice

[[Page 475]]

among alternatives). The summary will normally not exceed 15 pages.



Sec. 1502.13  Purpose and need.

    The statement shall briefly specify the underlying purpose and need 
to which the agency is responding in proposing the alternatives 
including the proposed action.



Sec. 1502.14  Alternatives including the proposed action.

    This section is the heart of the environmental impact statement. 
Based on the information and analysis presented in the sections on the 
Affected Environment (Sec. 1502.15) and the Environmental Consequences 
(Sec. 1502.16), it should present the environmental impacts of the 
proposal and the alternatives in comparative form, thus sharply defining 
the issues and providing a clear basis for choice among options by the 
decisionmaker and the public. In this section agencies shall:
    (a) Rigorously explore and objectively evaluate all reasonable 
alternatives, and for alternatives which were eliminated from detailed 
study, briefly discuss the reasons for their having been eliminated.
    (b) Devote substantial treatment to each alternative considered in 
detail including the proposed action so that reviewers may evaluate 
their comparative merits.
    (c) Include reasonable alternatives not within the jurisdiction of 
the lead agency.
    (d) Include the alternative of no action.
    (e) Identify the agency's preferred alternative or alternatives, if 
one or more exists, in the draft statement and identify such alternative 
in the final statement unless another law prohibits the expression of 
such a preference.
    (f) Include appropriate mitigation measures not already included in 
the proposed action or alternatives.



Sec. 1502.15  Affected environment.

    The environmental impact statement shall succinctly describe the 
environment of the area(s) to be affected or created by the alternatives 
under consideration. The descriptions shall be no longer than is 
necessary to understand the effects of the alternatives. Data and 
analyses in a statement shall be commensurate with the importance of the 
impact, with less important material summarized, consolidated, or simply 
referenced. Agencies shall avoid useless bulk in statements and shall 
concentrate effort and attention on important issues. Verbose 
descriptions of the affected environment are themselves no measure of 
the adequacy of an environmental impact statement.



Sec. 1502.16  Environmental consequences.

    This section forms the scientific and analytic basis for the 
comparisons under Sec. 1502.14. It shall consolidate the discussions of 
those elements required by sections 102(2)(C)(i), (ii), (iv), and (v) of 
NEPA which are within the scope of the statement and as much of section 
102(2)(C)(iii) as is necessary to support the comparisons. The 
discussion will include the environmental impacts of the alternatives 
including the proposed action, any adverse environmental effects which 
cannot be avoided should the proposal be implemented, the relationship 
between short-term uses of man's environment and the maintenance and 
enhancement of long-term productivity, and any irreversible or 
irretrievable commitments of resources which would be involved in the 
proposal should it be implemented. This section should not duplicate 
discussions in Sec. 1502.14. It shall include discussions of:
    (a) Direct effects and their significance (Sec. 1508.8).
    (b) Indirect effects and their significance (Sec. 1508.8).
    (c) Possible conflicts between the proposed action and the 
objectives of Federal, regional, State, and local (and in the case of a 
reservation, Indian tribe) land use plans, policies and controls for the 
area concerned. (See Sec. 1506.2(d).)
    (d) The environmental effects of alternatives including the proposed 
action. The comparisons under Sec. 1502.14 will be based on this 
discussion.
    (e) Energy requirements and conservation potential of various 
alternatives and mitigation measures.
    (f) Natural or depletable resource requirements and conservation 
potential of various alternatives and mitigation measures.

[[Page 476]]

    (g) Urban quality, historic and cultural resources, and the design 
of the built environment, including the reuse and conservation potential 
of various alternatives and mitigation measures.
    (h) Means to mitigate adverse environmental impacts (if not fully 
covered under Sec. 1502.14(f)).

[43 FR 55994, Nov. 29, 1978; 44 FR 873, Jan. 3, 1979]



Sec. 1502.17  List of preparers.

    The environmental impact statement shall list the names, together 
with their qualifications (expertise, experience, professional 
disciplines), of the persons who were primarily responsible for 
preparing the environmental impact statement or significant background 
papers, including basic components of the statement (Secs. 1502.6 and 
1502.8). Where possible the persons who are responsible for a particular 
analysis, including analyses in background papers, shall be identified. 
Normally the list will not exceed two pages.



Sec. 1502.18  Appendix.

    If an agency prepares an appendix to an environmental impact 
statement the appendix shall:
    (a) Consist of material prepared in connection with an environmental 
impact statement (as distinct from material which is not so prepared and 
which is incorporated by reference (Sec. 1502.21)).
    (b) Normally consist of material which substantiates any analysis 
fundamental to the impact statement.
    (c) Normally be analytic and relevant to the decision to be made.
    (d) Be circulated with the environmental impact statement or be 
readily available on request.



Sec. 1502.19  Circulation of the environmental impact statement.

    Agencies shall circulate the entire draft and final environmental 
impact statements except for certain appendices as provided in 
Sec. 1502.18(d) and unchanged statements as provided in Sec. 1503.4(c). 
However, if the statement is unusually long, the agency may circulate 
the summary instead, except that the entire statement shall be furnished 
to:
    (a) Any Federal agency which has jurisdiction by law or special 
expertise with respect to any environmental impact involved and any 
appropriate Federal, State or local agency authorized to develop and 
enforce environmental standards.
    (b) The applicant, if any.
    (c) Any person, organization, or agency requesting the entire 
environmental impact statement.
    (d) In the case of a final environmental impact statement any 
person, organization, or agency which submitted substantive comments on 
the draft.

If the agency circulates the summary and thereafter receives a timely 
request for the entire statement and for additional time to comment, the 
time for that requestor only shall be extended by at least 15 days 
beyond the minimum period.



Sec. 1502.20  Tiering.

    Agencies are encouraged to tier their environmental impact 
statements to eliminate repetitive discussions of the same issues and to 
focus on the actual issues ripe for decision at each level of 
environmental review (Sec. 1508.28). Whenever a broad environmental 
impact statement has been prepared (such as a program or policy 
statement) and a subsequent statement or environmental assessment is 
then prepared on an action included within the entire program or policy 
(such as a site specific action) the subsequent statement or 
environmental assessment need only summarize the issues discussed in the 
broader statement and incorporate discussions from the broader statement 
by reference and shall concentrate on the issues specific to the 
subsequent action. The subsequent document shall state where the earlier 
document is available. Tiering may also be appropriate for different 
stages of actions. (Section 1508.28).



Sec. 1502.21  Incorporation by reference.

    Agencies shall incorporate material into an environmental impact 
statement by reference when the effect will be to cut down on bulk 
without impeding agency and public review of the action. The 
incorporated material shall be cited in the statement and its content 
briefly described. No material

[[Page 477]]

may be incorporated by reference unless it is reasonably available for 
inspection by potentially interested persons within the time allowed for 
comment. Material based on proprietary data which is itself not 
available for review and comment shall not be incorporated by reference.



Sec. 1502.22  Incomplete or unavailable information.

    When an agency is evaluating reasonably foreseeable significant 
adverse effects on the human environment in an environmental impact 
statement and there is incomplete or unavailable information, the agency 
shall always make clear that such information is lacking.
    (a) If the incomplete information relevant to reasonably foreseeable 
significant adverse impacts is essential to a reasoned choice among 
alternatives and the overall costs of obtaining it are not exorbitant, 
the agency shall include the information in the environmental impact 
statement.
    (b) If the information relevant to reasonably foreseeable 
significant adverse impacts cannot be obtained because the overall costs 
of obtaining it are exorbitant or the means to obtain it are not known, 
the agency shall include within the environmental impact statement:
    (1) A statement that such information is incomplete or unavailable; 
(2) a statement of the relevance of the incomplete or unavailable 
information to evaluating reasonably foreseeable significant adverse 
impacts on the human environment; (3) a summary of existing credible 
scientific evidence which is relevant to evaluating the reasonably 
foreseeable significant adverse impacts on the human environment, and 
(4) the agency's evaluation of such impacts based upon theoretical 
approaches or research methods generally accepted in the scientific 
community. For the purposes of this section, ``reasonably foreseeable'' 
includes impacts which have catastrophic consequences, even if their 
probability of occurrence is low, provided that the analysis of the 
impacts is supported by credible scientific evidence, is not based on 
pure conjecture, and is within the rule of reason.
    (c) The amended regulation will be applicable to all environmental 
impact statements for which a Notice of Intent (40 CFR 1508.22) is 
published in the Federal Register on or after May 27, 1986. For 
environmental impact statements in progress, agencies may choose to 
comply with the requirements of either the original or amended 
regulation.

[51 FR 15625, Apr. 25, 1986]



Sec. 1502.23  Cost-benefit analysis.

    If a cost-benefit analysis relevant to the choice among 
environmentally different alternatives is being considered for the 
proposed action, it shall be incorporated by reference or appended to 
the statement as an aid in evaluating the environmental consequences. To 
assess the adequacy of compliance with section 102(2)(B) of the Act the 
statement shall, when a cost-benefit analysis is prepared, discuss the 
relationship between that analysis and any analyses of unquantified 
environmental impacts, values, and amenities. For purposes of complying 
with the Act, the weighing of the merits and drawbacks of the various 
alternatives need not be displayed in a monetary cost-benefit analysis 
and should not be when there are important qualitative considerations. 
In any event, an environmental impact statement should at least indicate 
those considerations, including factors not related to environmental 
quality, which are likely to be relevant and important to a decision.



Sec. 1502.24  Methodology and scientific accuracy.

    Agencies shall insure the professional integrity, including 
scientific integrity, of the discussions and analyses in environmental 
impact statements. They shall identify any methodologies used and shall 
make explicit reference by footnote to the scientific and other sources 
relied upon for conclusions in the statement. An agency may place 
discussion of methodology in an appendix.

[[Page 478]]



Sec. 1502.25  Environmental review and consultation requirements.

    (a) To the fullest extent possible, agencies shall prepare draft 
environmental impact statements concurrently with and integrated with 
environmental impact analyses and related surveys and studies required 
by the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), the 
National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other 
environmental review laws and executive orders.
    (b) The draft environmental impact statement shall list all Federal 
permits, licenses, and other entitlements which must be obtained in 
implementing the proposal. If it is uncertain whether a Federal permit, 
license, or other entitlement is necessary, the draft environmental 
impact statement shall so indicate.



PART 1503--COMMENTING--Table of Contents




Sec.
1503.1 Inviting comments.
1503.2 Duty to comment.
1503.3 Specificity of comments.
1503.4 Response to comments.

    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 
as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 
amended (42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by 
E.O. 11991, May 24, 1977).

    Source: 43 FR 55997, Nov. 29, 1978, unless otherwise noted.



Sec. 1503.1  Inviting comments.

    (a) After preparing a draft environmental impact statement and 
before preparing a final environmental impact statement the agency 
shall:
    (1) Obtain the comments of any Federal agency which has jurisdiction 
by law or special expertise with respect to any environmental impact 
involved or which is authorized to develop and enforce environmental 
standards.
    (2) Request the comments of:
    (i) Appropriate State and local agencies which are authorized to 
develop and enforce environmental standards;
    (ii) Indian tribes, when the effects may be on a reservation; and
    (iii) Any agency which has requested that it receive statements on 
actions of the kind proposed.

Office of Management and Budget Circular A-95 (Revised), through its 
system of clearinghouses, provides a means of securing the views of 
State and local environmental agencies. The clearinghouses may be used, 
by mutual agreement of the lead agency and the clearinghouse, for 
securing State and local reviews of the draft environmental impact 
statements.
    (3) Request comments from the applicant, if any.
    (4) Request comments from the public, affirmatively soliciting 
comments from those persons or organizations who may be interested or 
affected.
    (b) An agency may request comments on a final environmental impact 
statement before the decision is finally made. In any case other 
agencies or persons may make comments before the final decision unless a 
different time is provided under Sec. 1506.10.



Sec. 1503.2  Duty to comment.

    Federal agencies with jurisdiction by law or special expertise with 
respect to any environmental impact involved and agencies which are 
authorized to develop and enforce environmental standards shall comment 
on statements within their jurisdiction, expertise, or authority. 
Agencies shall comment within the time period specified for comment in 
Sec. 1506.10. A Federal agency may reply that it has no comment. If a 
cooperating agency is satisfied that its views are adequately reflected 
in the environmental impact statement, it should reply that it has no 
comment.



Sec. 1503.3  Specificity of comments.

    (a) Comments on an environmental impact statement or on a proposed 
action shall be as specific as possible and may address either the 
adequacy of the statement or the merits of the alternatives discussed or 
both.
    (b) When a commenting agency criticizes a lead agency's predictive 
methodology, the commenting agency should describe the alternative 
methodology which it prefers and why.

[[Page 479]]

    (c) A cooperating agency shall specify in its comments whether it 
needs additional information to fulfill other applicable environmental 
reviews or consultation requirements and what information it needs. In 
particular, it shall specify any additional information it needs to 
comment adequately on the draft statement's analysis of significant 
site-specific effects associated with the granting or approving by that 
cooperating agency of necessary Federal permits, licenses, or 
entitlements.
    (d) When a cooperating agency with jurisdiction by law objects to or 
expresses reservations about the proposal on grounds of environmental 
impacts, the agency expressing the objection or reservation shall 
specify the mitigation measures it considers necessary to allow the 
agency to grant or approve applicable permit, license, or related 
requirements or concurrences.



Sec. 1503.4  Response to comments.

    (a) An agency preparing a final environmental impact statement shall 
assess and consider comments both individually and collectively, and 
shall respond by one or more of the means listed below, stating its 
response in the final statement. Possible responses are to:
    (1) Modify alternatives including the proposed action.
    (2) Develop and evaluate alternatives not previously given serious 
consideration by the agency.
    (3) Supplement, improve, or modify its analyses.
    (4) Make factual corrections.
    (5) Explain why the comments do not warrant further agency response, 
citing the sources, authorities, or reasons which support the agency's 
position and, if appropriate, indicate those circumstances which would 
trigger agency reappraisal or further response.
    (b) All substantive comments received on the draft statement (or 
summaries thereof where the response has been exceptionally voluminous), 
should be attached to the final statement whether or not the comment is 
thought to merit individual discussion by the agency in the text of the 
statement.
    (c) If changes in response to comments are minor and are confined to 
the responses described in paragraphs (a)(4) and (5) of this section, 
agencies may write them on errata sheets and attach them to the 
statement instead of rewriting the draft statement. In such cases only 
the comments, the responses, and the changes and not the final statement 
need be circulated (Sec. 1502.19). The entire document with a new cover 
sheet shall be filed as the final statement (Sec. 1506.9).



PART 1504--PREDECISION REFERRALS TO THE COUNCIL OF PROPOSED FEDERAL ACTIONS DETERMINED TO BE ENVIRONMENTALLY UNSATISFACTORY--Table of Contents




Sec.
1504.1 Purpose.
1504.2 Criteria for referral.
1504.3 Procedure for referrals and response.

    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 
as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 
amended (42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by 
E.O. 11991, May 24, 1977).



Sec. 1504.1  Purpose.

    (a) This part establishes procedures for referring to the Council 
Federal interagency disagreements concerning proposed major Federal 
actions that might cause unsatisfactory environmental effects. It 
provides means for early resolution of such disagreements.
    (b) Under section 309 of the Clean Air Act (42 U.S.C. 7609), the 
Administrator of the Environmental Protection Agency is directed to 
review and comment publicly on the environmental impacts of Federal 
activities, including actions for which environmental impact statements 
are prepared. If after this review the Administrator determines that the 
matter is ``unsatisfactory from the standpoint of public health or 
welfare or environmental quality,'' section 309 directs that the matter 
be referred to the Council (hereafter ``environmental referrals'').
    (c) Under section 102(2)(C) of the Act other Federal agencies may 
make similar reviews of environmental impact statements, including 
judgments on the acceptability of anticipated environmental impacts. 
These reviews

[[Page 480]]

must be made available to the President, the Council and the public.

[43 FR 55998, Nov. 29, 1978]



Sec. 1504.2  Criteria for referral.

    Environmental referrals should be made to the Council only after 
concerted, timely (as early as possible in the process), but 
unsuccessful attempts to resolve differences with the lead agency. In 
determining what environmental objections to the matter are appropriate 
to refer to the Council, an agency should weigh potential adverse 
environmental impacts, considering:
    (a) Possible violation of national environmental standards or 
policies.
    (b) Severity.
    (c) Geographical scope.
    (d) Duration.
    (e) Importance as precedents.
    (f) Availability of environmentally preferable alternatives.

[43 FR 55998, Nov. 29, 1978]



Sec. 1504.3  Procedure for referrals and response.

    (a) A Federal agency making the referral to the Council shall:
    (1) Advise the lead agency at the earliest possible time that it 
intends to refer a matter to the Council unless a satisfactory agreement 
is reached.
    (2) Include such advice in the referring agency's comments on the 
draft environmental impact statement, except when the statement does not 
contain adequate information to permit an assessment of the matter's 
environmental acceptability.
    (3) Identify any essential information that is lacking and request 
that it be made available at the earliest possible time.
    (4) Send copies of such advice to the Council.
    (b) The referring agency shall deliver its referral to the Council 
not later than twenty-five (25) days after the final environmental 
impact statement has been made available to the Environmental Protection 
Agency, commenting agencies, and the public. Except when an extension of 
this period has been granted by the lead agency, the Council will not 
accept a referral after that date.
    (c) The referral shall consist of:
    (1) A copy of the letter signed by the head of the referring agency 
and delivered to the lead agency informing the lead agency of the 
referral and the reasons for it, and requesting that no action be taken 
to implement the matter until the Council acts upon the referral. The 
letter shall include a copy of the statement referred to in (c)(2) of 
this section.
    (2) A statement supported by factual evidence leading to the 
conclusion that the matter is unsatisfactory from the standpoint of 
public health or welfare or environmental quality. The statement shall:
    (i) Identify any material facts in controversy and incorporate (by 
reference if appropriate) agreed upon facts,
    (ii) Identify any existing environmental requirements or policies 
which would be violated by the matter,
    (iii) Present the reasons why the referring agency believes the 
matter is environmentally unsatisfactory,
    (iv) Contain a finding by the agency whether the issue raised is of 
national importance because of the threat to national environmental 
resources or policies or for some other reason,
    (v) Review the steps taken by the referring agency to bring its 
concerns to the attention of the lead agency at the earliest possible 
time, and
    (vi) Give the referring agency's recommendations as to what 
mitigation alternative, further study, or other course of action 
(including abandonment of the matter) are necessary to remedy the 
situation.
    (d) Not later than twenty-five (25) days after the referral to the 
Council the lead agency may deliver a response to the Council, and the 
referring agency. If the lead agency requests more time and gives 
assurance that the matter will not go forward in the interim, the 
Council may grant an extension. The response shall:
    (1) Address fully the issues raised in the referral.
    (2) Be supported by evidence.
    (3) Give the lead agency's response to the referring agency's 
recommendations.
    (e) Interested persons (including the applicant) may deliver their 
views in writing to the Council. Views in support of the referral should 
be delivered

[[Page 481]]

not later than the referral. Views in support of the response shall be 
delivered not later than the response.
    (f) Not later than twenty-five (25) days after receipt of both the 
referral and any response or upon being informed that there will be no 
response (unless the lead agency agrees to a longer time), the Council 
may take one or more of the following actions:
    (1) Conclude that the process of referral and response has 
successfully resolved the problem.
    (2) Initiate discussions with the agencies with the objective of 
mediation with referring and lead agencies.
    (3) Hold public meetings or hearings to obtain additional views and 
information.
    (4) Determine that the issue is not one of national importance and 
request the referring and lead agencies to pursue their decision 
process.
    (5) Determine that the issue should be further negotiated by the 
referring and lead agencies and is not appropriate for Council 
consideration until one or more heads of agencies report to the Council 
that the agencies' disagreements are irreconcilable.
    (6) Publish its findings and recommendations (including where 
appropriate a finding that the submitted evidence does not support the 
position of an agency).
    (7) When appropriate, submit the referral and the response together 
with the Council's recommendation to the President for action.
    (g) The Council shall take no longer than 60 days to complete the 
actions specified in paragraph (f)(2), (3), or (5) of this section.
    (h) When the referral involves an action required by statute to be 
determined on the record after opportunity for agency hearing, the 
referral shall be conducted in a manner consistent with 5 U.S.C. 557(d) 
(Administrative Procedure Act).

[43 FR 55998, Nov. 29, 1978; 44 FR 873, Jan. 3, 1979]



PART 1505--NEPA AND AGENCY DECISIONMAKING--Table of Contents




Sec.
1505.1 Agency decisionmaking procedures.
1505.2 Record of decision in cases requiring environmental impact 
          statements.
1505.3 Implementing the decision.

    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 
as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 
amended (42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by 
E.O. 11991, May 24, 1977).

    Source: 43 FR 55999, Nov. 29, 1978, unless otherwise noted.



Sec. 1505.1  Agency decisionmaking procedures.

    Agencies shall adopt procedures (Sec. 1507.3) to ensure that 
decisions are made in accordance with the policies and purposes of the 
Act. Such procedures shall include but not be limited to:
    (a) Implementing procedures under section 102(2) to achieve the 
requirements of sections 101 and 102(1).
    (b) Designating the major decision points for the agency's principal 
programs likely to have a significant effect on the human environment 
and assuring that the NEPA process corresponds with them.
    (c) Requiring that relevant environmental documents, comments, and 
responses be part of the record in formal rulemaking or adjudicatory 
proceedings.
    (d) Requiring that relevant environmental documents, comments, and 
responses accompany the proposal through existing agency review 
processes so that agency officials use the statement in making 
decisions.
    (e) Requiring that the alternatives considered by the decisionmaker 
are encompassed by the range of alternatives discussed in the relevant 
environmental documents and that the decisionmaker consider the 
alternatives described in the environmental impact statement. If another 
decision document accompanies the relevant environmental documents to 
the decisionmaker, agencies are encouraged to make available to the 
public before the decision is made any part of that document that 
relates to the comparison of alternatives.

[[Page 482]]



Sec. 1505.2  Record of decision in cases requiring environmental impact statements.

    At the time of its decision (Sec. 1506.10) or, if appropriate, its 
recommendation to Congress, each agency shall prepare a concise public 
record of decision. The record, which may be integrated into any other 
record prepared by the agency, including that required by OMB Circular 
A-95 (Revised), part I, sections 6(c) and (d), and part II, section 
5(b)(4), shall:
    (a) State what the decision was.
    (b) Identify all alternatives considered by the agency in reaching 
its decision, specifying the alternative or alternatives which were 
considered to be environmentally preferable. An agency may discuss 
preferences among alternatives based on relevant factors including 
economic and technical considerations and agency statutory missions. An 
agency shall identify and discuss all such factors including any 
essential considerations of national policy which were balanced by the 
agency in making its decision and state how those considerations entered 
into its decision.
    (c) State whether all practicable means to avoid or minimize 
environmental harm from the alternative selected have been adopted, and 
if not, why they were not. A monitoring and enforcement program shall be 
adopted and summarized where applicable for any mitigation.



Sec. 1505.3  Implementing the decision.

    Agencies may provide for monitoring to assure that their decisions 
are carried out and should do so in important cases. Mitigation 
(Sec. 1505.2(c)) and other conditions established in the environmental 
impact statement or during its review and committed as part of the 
decision shall be implemented by the lead agency or other appropriate 
consenting agency. The lead agency shall:
    (a) Include appropriate conditions in grants, permits or other 
approvals.
    (b) Condition funding of actions on mitigation.
    (c) Upon request, inform cooperating or commenting agencies on 
progress in carrying out mitigation measures which they have proposed 
and which were adopted by the agency making the decision.
    (d) Upon request, make available to the public the results of 
relevant monitoring.



PART 1506--OTHER REQUIREMENTS OF NEPA--Table of Contents




Sec.
1506.1 Limitations on actions during NEPA process.
1506.2 Elimination of duplication with State and local procedures.
1506.3 Adoption.
1506.4 Combining documents.
1506.5 Agency responsibility.
1506.6 Public involvement.
1506.7 Further guidance.
1506.8 Proposals for legislation.
1506.9 Filing requirements.
1506.10 Timing of agency action.
1506.11 Emergencies.
1506.12 Effective date.

    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 
as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 
amended (42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by 
E.O. 11991, May 24, 1977).

    Source: 43 FR 56000, Nov. 29, 1978, unless otherwise noted.



Sec. 1506.1  Limitations on actions during NEPA process.

    (a) Until an agency issues a record of decision as provided in 
Sec. 1505.2 (except as provided in paragraph (c) of this section), no 
action concerning the proposal shall be taken which would:
    (1) Have an adverse environmental impact; or
    (2) Limit the choice of reasonable alternatives.
    (b) If any agency is considering an application from a non-Federal 
entity, and is aware that the applicant is about to take an action 
within the agency's jurisdiction that would meet either of the criteria 
in paragraph (a) of this section, then the agency shall promptly notify 
the applicant that the agency will take appropriate action to insure 
that the objectives and procedures of NEPA are achieved.
    (c) While work on a required program environmental impact statement 
is in progress and the action is not covered by an existing program 
statement,

[[Page 483]]

agencies shall not undertake in the interim any major Federal action 
covered by the program which may significantly affect the quality of the 
human environment unless such action:
    (1) Is justified independently of the program;
    (2) Is itself accompanied by an adequate environmental impact 
statement; and
    (3) Will not prejudice the ultimate decision on the program. Interim 
action prejudices the ultimate decision on the program when it tends to 
determine subsequent development or limit alternatives.
    (d) This section does not preclude development by applicants of 
plans or designs or performance of other work necessary to support an 
application for Federal, State or local permits or assistance. Nothing 
in this section shall preclude Rural Electrification Administration 
approval of minimal expenditures not affecting the environment (e.g. 
long leadtime equipment and purchase options) made by non-governmental 
entities seeking loan guarantees from the Administration.



Sec. 1506.2  Elimination of duplication with State and local procedures.

    (a) Agencies authorized by law to cooperate with State agencies of 
statewide jurisdiction pursuant to section 102(2)(D) of the Act may do 
so.
    (b) Agencies shall cooperate with State and local agencies to the 
fullest extent possible to reduce duplication between NEPA and State and 
local requirements, unless the agencies are specifically barred from 
doing so by some other law. Except for cases covered by paragraph (a) of 
this section, such cooperation shall to the fullest extent possible 
include:
    (1) Joint planning processes.
    (2) Joint environmental research and studies.
    (3) Joint public hearings (except where otherwise provided by 
statute).
    (4) Joint environmental assessments.
    (c) Agencies shall cooperate with State and local agencies to the 
fullest extent possible to reduce duplication between NEPA and 
comparable State and local requirements, unless the agencies are 
specifically barred from doing so by some other law. Except for cases 
covered by paragraph (a) of this section, such cooperation shall to the 
fullest extent possible include joint environmental impact statements. 
In such cases one or more Federal agencies and one or more State or 
local agencies shall be joint lead agencies. Where State laws or local 
ordinances have environmental impact statement requirements in addition 
to but not in conflict with those in NEPA, Federal agencies shall 
cooperate in fulfilling these requirements as well as those of Federal 
laws so that one document will comply with all applicable laws.
    (d) To better integrate environmental impact statements into State 
or local planning processes, statements shall discuss any inconsistency 
of a proposed action with any approved State or local plan and laws 
(whether or not federally sanctioned). Where an inconsistency exists, 
the statement should describe the extent to which the agency would 
reconcile its proposed action with the plan or law.



Sec. 1506.3  Adoption.

    (a) An agency may adopt a Federal draft or final environmental 
impact statement or portion thereof provided that the statement or 
portion thereof meets the standards for an adequate statement under 
these regulations.
    (b) If the actions covered by the original environmental impact 
statement and the proposed action are substantially the same, the agency 
adopting another agency's statement is not required to recirculate it 
except as a final statement. Otherwise the adopting agency shall treat 
the statement as a draft and recirculate it (except as provided in 
paragraph (c) of this section).
    (c) A cooperating agency may adopt without recirculating the 
environmental impact statement of a lead agency when, after an 
independent review of the statement, the cooperating agency concludes 
that its comments and suggestions have been satisfied.
    (d) When an agency adopts a statement which is not final within the 
agency that prepared it, or when the action it assesses is the subject 
of a referral under part 1504, or when the statement's adequacy is the 
subject of

[[Page 484]]

a judicial action which is not final, the agency shall so specify.



Sec. 1506.4  Combining documents.

    Any environmental document in compliance with NEPA may be combined 
with any other agency document to reduce duplication and paperwork.



Sec. 1506.5  Agency responsibility.

    (a) Information. If an agency requires an applicant to submit 
environmental information for possible use by the agency in preparing an 
environmental impact statement, then the agency should assist the 
applicant by outlining the types of information required. The agency 
shall independently evaluate the information submitted and shall be 
responsible for its accuracy. If the agency chooses to use the 
information submitted by the applicant in the environmental impact 
statement, either directly or by reference, then the names of the 
persons responsible for the independent evaluation shall be included in 
the list of preparers (Sec. 1502.17). It is the intent of this paragraph 
that acceptable work not be redone, but that it be verified by the 
agency.
    (b) Environmental assessments. If an agency permits an applicant to 
prepare an environmental assessment, the agency, besides fulfilling the 
requirements of paragraph (a) of this section, shall make its own 
evaluation of the environmental issues and take responsibility for the 
scope and content of the environmental assessment.
    (c) Environmental impact statements. Except as provided in 
Secs. 1506.2 and 1506.3 any environmental impact statement prepared 
pursuant to the requirements of NEPA shall be prepared directly by or by 
a contractor selected by the lead agency or where appropriate under 
Sec. 1501.6(b), a cooperating agency. It is the intent of these 
regulations that the contractor be chosen solely by the lead agency, or 
by the lead agency in cooperation with cooperating agencies, or where 
appropriate by a cooperating agency to avoid any conflict of interest. 
Contractors shall execute a disclosure statement prepared by the lead 
agency, or where appropriate the cooperating agency, specifying that 
they have no financial or other interest in the outcome of the project. 
If the document is prepared by contract, the responsible Federal 
official shall furnish guidance and participate in the preparation and 
shall independently evaluate the statement prior to its approval and 
take responsibility for its scope and contents. Nothing in this section 
is intended to prohibit any agency from requesting any person to submit 
information to it or to prohibit any person from submitting information 
to any agency.



Sec. 1506.6  Public involvement.

    Agencies shall:
    (a) Make diligent efforts to involve the public in preparing and 
implementing their NEPA procedures.
    (b) Provide public notice of NEPA-related hearings, public meetings, 
and the availability of environmental documents so as to inform those 
persons and agencies who may be interested or affected.
    (1) In all cases the agency shall mail notice to those who have 
requested it on an individual action.
    (2) In the case of an action with effects of national concern notice 
shall include publication in the Federal Register and notice by mail to 
national organizations reasonably expected to be interested in the 
matter and may include listing in the 102 Monitor. An agency engaged in 
rulemaking may provide notice by mail to national organizations who have 
requested that notice regularly be provided. Agencies shall maintain a 
list of such organizations.
    (3) In the case of an action with effects primarily of local concern 
the notice may include:
    (i) Notice to State and areawide clearinghouses pursuant to OMB 
Circular A-95 (Revised).
    (ii) Notice to Indian tribes when effects may occur on reservations.
    (iii) Following the affected State's public notice procedures for 
comparable actions.
    (iv) Publication in local newspapers (in papers of general 
circulation rather than legal papers).
    (v) Notice through other local media.
    (vi) Notice to potentially interested community organizations 
including small business associations.

[[Page 485]]

    (vii) Publication in newsletters that may be expected to reach 
potentially interested persons.
    (viii) Direct mailing to owners and occupants of nearby or affected 
property.
    (ix) Posting of notice on and off site in the area where the action 
is to be located.
    (c) Hold or sponsor public hearings or public meetings whenever 
appropriate or in accordance with statutory requirements applicable to 
the agency. Criteria shall include whether there is:
    (1) Substantial environmental controversy concerning the proposed 
action or substantial interest in holding the hearing.
    (2) A request for a hearing by another agency with jurisdiction over 
the action supported by reasons why a hearing will be helpful. If a 
draft environmental impact statement is to be considered at a public 
hearing, the agency should make the statement available to the public at 
least 15 days in advance (unless the purpose of the hearing is to 
provide information for the draft environmental impact statement).
    (d) Solicit appropriate information from the public.
    (e) Explain in its procedures where interested persons can get 
information or status reports on environmental impact statements and 
other elements of the NEPA process.
    (f) Make environmental impact statements, the comments received, and 
any underlying documents available to the public pursuant to the 
provisions of the Freedom of Information Act (5 U.S.C. 552), without 
regard to the exclusion for interagency memoranda where such memoranda 
transmit comments of Federal agencies on the environmental impact of the 
proposed action. Materials to be made available to the public shall be 
provided to the public without charge to the extent practicable, or at a 
fee which is not more than the actual costs of reproducing copies 
required to be sent to other Federal agencies, including the Council.



Sec. 1506.7  Further guidance.

    The Council may provide further guidance concerning NEPA and its 
procedures including:
    (a) A handbook which the Council may supplement from time to time, 
which shall in plain language provide guidance and instructions 
concerning the application of NEPA and these regulations.
    (b) Publication of the Council's Memoranda to Heads of Agencies.
    (c) In conjunction with the Environmental Protection Agency and the 
publication of the 102 Monitor, notice of:
    (1) Research activities;
    (2) Meetings and conferences related to NEPA; and
    (3) Successful and innovative procedures used by agencies to 
implement NEPA.



Sec. 1506.8  Proposals for legislation.

    (a) The NEPA process for proposals for legislation (Sec. 1508.17) 
significantly affecting the quality of the human environment shall be 
integrated with the legislative process of the Congress. A legislative 
environmental impact statement is the detailed statement required by law 
to be included in a recommendation or report on a legislative proposal 
to Congress. A legislative environmental impact statement shall be 
considered part of the formal transmittal of a legislative proposal to 
Congress; however, it may be transmitted to Congress up to 30 days later 
in order to allow time for completion of an accurate statement which can 
serve as the basis for public and Congressional debate. The statement 
must be available in time for Congressional hearings and deliberations.
    (b) Preparation of a legislative environmental impact statement 
shall conform to the requirements of these regulations except as 
follows:
    (1) There need not be a scoping process.
    (2) The legislative statement shall be prepared in the same manner 
as a draft statement, but shall be considered the ``detailed statement'' 
required by statute; Provided, That when any of the following conditions 
exist both the draft and final environmental impact statement on the 
legislative proposal shall be prepared and circulated as provided by 
Secs. 1503.1 and 1506.10.
    (i) A Congressional Committee with jurisdiction over the proposal 
has a

[[Page 486]]

rule requiring both draft and final environmental impact statements.
    (ii) The proposal results from a study process required by statute 
(such as those required by the Wild and Scenic Rivers Act (16 U.S.C. 
1271 et seq.) and the Wilderness Act (16 U.S.C. 1131 et seq.)).
    (iii) Legislative approval is sought for Federal or federally 
assisted construction or other projects which the agency recommends be 
located at specific geographic locations. For proposals requiring an 
environmental impact statement for the acquisition of space by the 
General Services Administration, a draft statement shall accompany the 
Prospectus or the 11(b) Report of Building Project Surveys to the 
Congress, and a final statement shall be completed before site 
acquisition.
    (iv) The agency decides to prepare draft and final statements.
    (c) Comments on the legislative statement shall be given to the lead 
agency which shall forward them along with its own responses to the 
Congressional committees with jurisdiction.



Sec. 1506.9  Filing requirements.

    Environmental impact statements together with comments and responses 
shall be filed with the Environmental Protection Agency, attention 
Office of Federal Activities (A-104),1200 Pennsylvania Ave., NW., 
Washington, DC 20460. Statements shall be filed with EPA no earlier than 
they are also transmitted to commenting agencies and made available to 
the public. EPA shall deliver one copy of each statement to the Council, 
which shall satisfy the requirement of availability to the President. 
EPA may issue guidelines to agencies to implement its responsibilities 
under this section and Sec. 1506.10.



Sec. 1506.10  Timing of agency action.

    (a) The Environmental Protection Agency shall publish a notice in 
the Federal Register each week of the environmental impact statements 
filed during the preceding week. The minimum time periods set forth in 
this section shall be calculated from the date of publication of this 
notice.
    (b) No decision on the proposed action shall be made or recorded 
under Sec. 1505.2 by a Federal agency until the later of the following 
dates:
    (1) Ninety (90) days after publication of the notice described above 
in paragraph (a) of this section for a draft environmental impact 
statement.
    (2) Thirty (30) days after publication of the notice described above 
in paragraph (a) of this section for a final environmental impact 
statement.

An exception to the rules on timing may be made in the case of an agency 
decision which is subject to a formal internal appeal. Some agencies 
have a formally established appeal process which allows other agencies 
or the public to take appeals on a decision and make their views known, 
after publication of the final environmental impact statement. In such 
cases, where a real opportunity exists to alter the decision, the 
decision may be made and recorded at the same time the environmental 
impact statement is published. This means that the period for appeal of 
the decision and the 30-day period prescribed in paragraph (b)(2) of 
this section may run concurrently. In such cases the environmental 
impact statement shall explain the timing and the public's right of 
appeal. An agency engaged in rulemaking under the Administrative 
Procedure Act or other statute for the purpose of protecting the public 
health or safety, may waive the time period in paragraph (b)(2) of this 
section and publish a decision on the final rule simultaneously with 
publication of the notice of the availability of the final environmental 
impact statement as described in paragraph (a) of this section.
    (c) If the final environmental impact statement is filed within 
ninety (90) days after a draft environmental impact statement is filed 
with the Environmental Protection Agency, the minimum thirty (30) day 
period and the minimum ninety (90) day period may run concurrently. 
However, subject to paragraph (d) of this section agencies shall allow 
not less than 45 days for comments on draft statements.
    (d) The lead agency may extend prescribed periods. The Environmental 
Protection Agency may upon a showing by the lead agency of compelling 
reasons of national policy reduce the prescribed periods and may upon a

[[Page 487]]

showing by any other Federal agency of compelling reasons of national 
policy also extend prescribed periods, but only after consultation with 
the lead agency. (Also see Sec. 1507.3(d).) Failure to file timely 
comments shall not be a sufficient reason for extending a period. If the 
lead agency does not concur with the extension of time, EPA may not 
extend it for more than 30 days. When the Environmental Protection 
Agency reduces or extends any period of time it shall notify the 
Council.

[43 FR 56000, Nov. 29, 1978; 44 FR 874, Jan. 3, 1979]



Sec. 1506.11  Emergencies.

    Where emergency circumstances make it necessary to take an action 
with significant environmental impact without observing the provisions 
of these regulations, the Federal agency taking the action should 
consult with the Council about alternative arrangements. Agencies and 
the Council will limit such arrangements to actions necessary to control 
the immediate impacts of the emergency. Other actions remain subject to 
NEPA review.



Sec. 1506.12  Effective date.

    The effective date of these regulations is July 30, 1979, except 
that for agencies that administer programs that qualify under section 
102(2)(D) of the Act or under section 104(h) of the Housing and 
Community Development Act of 1974 an additional four months shall be 
allowed for the State or local agencies to adopt their implementing 
procedures.
    (a) These regulations shall apply to the fullest extent practicable 
to ongoing activities and environmental documents begun before the 
effective date. These regulations do not apply to an environmental 
impact statement or supplement if the draft statement was filed before 
the effective date of these regulations. No completed environmental 
documents need be redone by reasons of these regulations. Until these 
regulations are applicable, the Council's guidelines published in the 
Federal Register of August 1, 1973, shall continue to be applicable. In 
cases where these regulations are applicable the guidelines are 
superseded. However, nothing shall prevent an agency from proceeding 
under these regulations at an earlier time.
    (b) NEPA shall continue to be applicable to actions begun before 
January 1, 1970, to the fullest extent possible.



PART 1507--AGENCY COMPLIANCE--Table of Contents




Sec.
1507.1 Compliance.
1507.2 Agency capability to comply.
1507.3 Agency procedures.

    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 
as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 
amended (42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by 
E.O. 11991, May 24, 1977).

    Source: 43 FR 56002, Nov. 29, 1978, unless otherwise noted.



Sec. 1507.1  Compliance.

    All agencies of the Federal Government shall comply with these 
regulations. It is the intent of these regulations to allow each agency 
flexibility in adapting its implementing procedures authorized by 
Sec. 1507.3 to the requirements of other applicable laws.



Sec. 1507.2  Agency capability to comply.

    Each agency shall be capable (in terms of personnel and other 
resources) of complying with the requirements enumerated below. Such 
compliance may include use of other's resources, but the using agency 
shall itself have sufficient capability to evaluate what others do for 
it. Agencies shall:
    (a) Fulfill the requirements of section 102(2)(A) of the Act to 
utilize a systematic, interdisciplinary approach which will insure the 
integrated use of the natural and social sciences and the environmental 
design arts in planning and in decisionmaking which may have an impact 
on the human environment. Agencies shall designate a person to be 
responsible for overall review of agency NEPA compliance.
    (b) Identify methods and procedures required by section 102(2)(B) to 
insure that presently unquantified environmental amenities and values 
may be given appropriate consideration.
    (c) Prepare adequate environmental impact statements pursuant to 
section 102(2)(C) and comment on statements

[[Page 488]]

in the areas where the agency has jurisdiction by law or special 
expertise or is authorized to develop and enforce environmental 
standards.
    (d) Study, develop, and describe alternatives to recommended courses 
of action in any proposal which involves unresolved conflicts concerning 
alternative uses of available resources. This requirement of section 
102(2)(E) extends to all such proposals, not just the more limited scope 
of section 102(2)(C)(iii) where the discussion of alternatives is 
confined to impact statements.
    (e) Comply with the requirements of section 102(2)(H) that the 
agency initiate and utilize ecological information in the planning and 
development of resource-oriented projects.
    (f) Fulfill the requirements of sections 102(2)(F), 102(2)(G), and 
102(2)(I), of the Act and of Executive Order 11514, Protection and 
Enhancement of Environmental Quality, Sec. 2.



Sec. 1507.3  Agency procedures.

    (a) Not later than eight months after publication of these 
regulations as finally adopted in the Federal Register, or five months 
after the establishment of an agency, whichever shall come later, each 
agency shall as necessary adopt procedures to supplement these 
regulations. When the agency is a department, major subunits are 
encouraged (with the consent of the department) to adopt their own 
procedures. Such procedures shall not paraphrase these regulations. They 
shall confine themselves to implementing procedures. Each agency shall 
consult with the Council while developing its procedures and before 
publishing them in the Federal Register for comment. Agencies with 
similar programs should consult with each other and the Council to 
coordinate their procedures, especially for programs requesting similar 
information from applicants. The procedures shall be adopted only after 
an opportunity for public review and after review by the Council for 
conformity with the Act and these regulations. The Council shall 
complete its review within 30 days. Once in effect they shall be filed 
with the Council and made readily available to the public. Agencies are 
encouraged to publish explanatory guidance for these regulations and 
their own procedures. Agencies shall continue to review their policies 
and procedures and in consultation with the Council to revise them as 
necessary to ensure full compliance with the purposes and provisions of 
the Act.
    (b) Agency procedures shall comply with these regulations except 
where compliance would be inconsistent with statutory requirements and 
shall include:
    (1) Those procedures required by Secs. 1501.2(d), 1502.9(c)(3), 
1505.1, 1506.6(e), and 1508.4.
    (2) Specific criteria for and identification of those typical 
classes of action:
    (i) Which normally do require environmental impact statements.
    (ii) Which normally do not require either an environmental impact 
statement or an environmental assessment (categorical exclusions 
(Sec. 1508.4)).
    (iii) Which normally require environmental assessments but not 
necessarily environmental impact statements.
    (c) Agency procedures may include specific criteria for providing 
limited exceptions to the provisions of these regulations for classified 
proposals. They are proposed actions which are specifically authorized 
under criteria established by an Executive Order or statute to be kept 
secret in the interest of national defense or foreign policy and are in 
fact properly classified pursuant to such Executive Order or statute. 
Environmental assessments and environmental impact statements which 
address classified proposals may be safeguarded and restricted from 
public dissemination in accordance with agencies' own regulations 
applicable to classified information. These documents may be organized 
so that classified portions can be included as annexes, in order that 
the unclassified portions can be made available to the public.
    (d) Agency procedures may provide for periods of time other than 
those presented in Sec. 1506.10 when necessary to comply with other 
specific statutory requirements.
    (e) Agency procedures may provide that where there is a lengthy 
period between the agency's decision to prepare an environmental impact 
statement

[[Page 489]]

and the time of actual preparation, the notice of intent required by 
Sec. 1501.7 may be published at a reasonable time in advance of 
preparation of the draft statement.



PART 1508--TERMINOLOGY AND INDEX--Table of Contents




Sec.
1508.1 Terminology.
1508.2 Act.
1508.3 Affecting.
1508.4 Categorical exclusion.
1508.5 Cooperating agency.
1508.6 Council.
1508.7 Cumulative impact.
1508.8 Effects.
1508.9 Environmental assessment.
1508.10 Environmental document.
1508.11 Environmental impact statement.
1508.12 Federal agency.
1508.13 Finding of no significant impact.
1508.14 Human environment.
1508.15 Jurisdiction by law.
1508.16 Lead agency.
1508.17 Legislation.
1508.18 Major Federal action.
1508.19 Matter.
1508.20 Mitigation.
1508.21 NEPA process.
1508.22 Notice of intent.
1508.23 Proposal.
1508.24 Referring agency.
1508.25 Scope.
1508.26 Special expertise.
1508.27 Significantly.
1508.28 Tiering.

    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 
as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 
amended (42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by 
E.O. 11991, May 24, 1977).

    Source: 43 FR 56003, Nov. 29, 1978, unless otherwise noted.



Sec. 1508.1  Terminology.

    The terminology of this part shall be uniform throughout the Federal 
Government.



Sec. 1508.2  Act.

    Act means the National Environmental Policy Act, as amended (42 
U.S.C. 4321, et seq.) which is also referred to as ``NEPA.''



Sec. 1508.3  Affecting.

    Affecting means will or may have an effect on.



Sec. 1508.4  Categorical exclusion.

    Categorical exclusion means a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment and which have been found to have no such effect in 
procedures adopted by a Federal agency in implementation of these 
regulations (Sec. 1507.3) and for which, therefore, neither an 
environmental assessment nor an environmental impact statement is 
required. An agency may decide in its procedures or otherwise, to 
prepare environmental assessments for the reasons stated in Sec. 1508.9 
even though it is not required to do so. Any procedures under this 
section shall provide for extraordinary circumstances in which a 
normally excluded action may have a significant environmental effect.



Sec. 1508.5  Cooperating agency.

    Cooperating agency means any Federal agency other than a lead agency 
which has jurisdiction by law or special expertise with respect to any 
environmental impact involved in a proposal (or a reasonable 
alternative) for legislation or other major Federal action significantly 
affecting the quality of the human environment. The selection and 
responsibilities of a cooperating agency are described in Sec. 1501.6. A 
State or local agency of similar qualifications or, when the effects are 
on a reservation, an Indian Tribe, may by agreement with the lead agency 
become a cooperating agency.



Sec. 1508.6  Council.

    Council means the Council on Environmental Quality established by 
title II of the Act.



Sec. 1508.7  Cumulative impact.

    Cumulative impact is the impact on the environment which results 
from the incremental impact of the action when added to other past, 
present, and reasonably foreseeable future actions regardless of what 
agency (Federal or non-Federal) or person undertakes such other actions. 
Cumulative impacts can result from individually minor but collectively 
significant actions taking place over a period of time.

[[Page 490]]



Sec. 1508.8  Effects.

    Effects include:
    (a) Direct effects, which are caused by the action and occur at the 
same time and place.
    (b) Indirect effects, which are caused by the action and are later 
in time or farther removed in distance, but are still reasonably 
foreseeable. Indirect effects may include growth inducing effects and 
other effects related to induced changes in the pattern of land use, 
population density or growth rate, and related effects on air and water 
and other natural systems, including ecosystems.

Effects and impacts as used in these regulations are synonymous. Effects 
includes ecological (such as the effects on natural resources and on the 
components, structures, and functioning of affected ecosystems), 
aesthetic, historic, cultural, economic, social, or health, whether 
direct, indirect, or cumulative. Effects may also include those 
resulting from actions which may have both beneficial and detrimental 
effects, even if on balance the agency believes that the effect will be 
beneficial.



Sec. 1508.9  Environmental assessment.

    Environmental assessment:
    (a) Means a concise public document for which a Federal agency is 
responsible that serves to:
    (1) Briefly provide sufficient evidence and analysis for determining 
whether to prepare an environmental impact statement or a finding of no 
significant impact.
    (2) Aid an agency's compliance with the Act when no environmental 
impact statement is necessary.
    (3) Facilitate preparation of a statement when one is necessary.
    (b) Shall include brief discussions of the need for the proposal, of 
alternatives as required by section 102(2)(E), of the environmental 
impacts of the proposed action and alternatives, and a listing of 
agencies and persons consulted.



Sec. 1508.10  Environmental document.

    Environmental document includes the documents specified in 
Sec. 1508.9 (environmental assessment), Sec. 1508.11 (environmental 
impact statement), Sec. 1508.13 (finding of no significant impact), and 
Sec. 1508.22 (notice of intent).



Sec. 1508.11  Environmental impact statement.

    Environmental impact statement means a detailed written statement as 
required by section 102(2)(C) of the Act.



Sec. 1508.12  Federal agency.

    Federal agency means all agencies of the Federal Government. It does 
not mean the Congress, the Judiciary, or the President, including the 
performance of staff functions for the President in his Executive 
Office. It also includes for purposes of these regulations States and 
units of general local government and Indian tribes assuming NEPA 
responsibilities under section 104(h) of the Housing and Community 
Development Act of 1974.



Sec. 1508.13  Finding of no significant impact.

    Finding of no significant impact means a document by a Federal 
agency briefly presenting the reasons why an action, not otherwise 
excluded (Sec. 1508.4), will not have a significant effect on the human 
environment and for which an environmental impact statement therefore 
will not be prepared. It shall include the environmental assessment or a 
summary of it and shall note any other environmental documents related 
to it (Sec. 1501.7(a)(5)). If the assessment is included, the finding 
need not repeat any of the discussion in the assessment but may 
incorporate it by reference.



Sec. 1508.14  Human environment.

    Human environment shall be interpreted comprehensively to include 
the natural and physical environment and the relationship of people with 
that environment. (See the definition of ``effects'' (Sec. 1508.8).) 
This means that economic or social effects are not intended by 
themselves to require preparation of an environmental impact statement. 
When an environmental impact statement is prepared and economic or 
social and natural or physical environmental effects are interrelated, 
then the environmental impact statement

[[Page 491]]

will discuss all of these effects on the human environment.



Sec. 1508.15  Jurisdiction by law.

    Jurisdiction by law means agency authority to approve, veto, or 
finance all or part of the proposal.



Sec. 1508.16  Lead agency.

    Lead agency means the agency or agencies preparing or having taken 
primary responsibility for preparing the environmental impact statement.



Sec. 1508.17  Legislation.

    Legislation includes a bill or legislative proposal to Congress 
developed by or with the significant cooperation and support of a 
Federal agency, but does not include requests for appropriations. The 
test for significant cooperation is whether the proposal is in fact 
predominantly that of the agency rather than another source. Drafting 
does not by itself constitute significant cooperation. Proposals for 
legislation include requests for ratification of treaties. Only the 
agency which has primary responsibility for the subject matter involved 
will prepare a legislative environmental impact statement.



Sec. 1508.18  Major Federal action.

    Major Federal action includes actions with effects that may be major 
and which are potentially subject to Federal control and responsibility. 
Major reinforces but does not have a meaning independent of 
significantly (Sec. 1508.27). Actions include the circumstance where the 
responsible officials fail to act and that failure to act is reviewable 
by courts or administrative tribunals under the Administrative Procedure 
Act or other applicable law as agency action.
    (a) Actions include new and continuing activities, including 
projects and programs entirely or partly financed, assisted, conducted, 
regulated, or approved by federal agencies; new or revised agency rules, 
regulations, plans, policies, or procedures; and legislative proposals 
(Secs. 1506.8, 1508.17). Actions do not include funding assistance 
solely in the form of general revenue sharing funds, distributed under 
the State and Local Fiscal Assistance Act of 1972, 31 U.S.C. 1221 et 
seq., with no Federal agency control over the subsequent use of such 
funds. Actions do not include bringing judicial or administrative civil 
or criminal enforcement actions.
    (b) Federal actions tend to fall within one of the following 
categories:
    (1) Adoption of official policy, such as rules, regulations, and 
interpretations adopted pursuant to the Administrative Procedure Act, 5 
U.S.C. 551 et seq.; treaties and international conventions or 
agreements; formal documents establishing an agency's policies which 
will result in or substantially alter agency programs.
    (2) Adoption of formal plans, such as official documents prepared or 
approved by federal agencies which guide or prescribe alternative uses 
of Federal resources, upon which future agency actions will be based.
    (3) Adoption of programs, such as a group of concerted actions to 
implement a specific policy or plan; systematic and connected agency 
decisions allocating agency resources to implement a specific statutory 
program or executive directive.
    (4) Approval of specific projects, such as construction or 
management activities located in a defined geographic area. Projects 
include actions approved by permit or other regulatory decision as well 
as federal and federally assisted activities.



Sec. 1508.19  Matter.

    Matter includes for purposes of part 1504:
    (a) With respect to the Environmental Protection Agency, any 
proposed legislation, project, action or regulation as those terms are 
used in section 309(a) of the Clean Air Act (42 U.S.C. 7609).
    (b) With respect to all other agencies, any proposed major federal 
action to which section 102(2)(C) of NEPA applies.



Sec. 1508.20  Mitigation.

    Mitigation includes:
    (a) Avoiding the impact altogether by not taking a certain action or 
parts of an action.
    (b) Minimizing impacts by limiting the degree or magnitude of the 
action and its implementation.

[[Page 492]]

    (c) Rectifying the impact by repairing, rehabilitating, or restoring 
the affected environment.
    (d) Reducing or eliminating the impact over time by preservation and 
maintenance operations during the life of the action.
    (e) Compensating for the impact by replacing or providing substitute 
resources or environments.



Sec. 1508.21  NEPA process.

    NEPA process means all measures necessary for compliance with the 
requirements of section 2 and title I of NEPA.



Sec. 1508.22  Notice of intent.

    Notice of intent means a notice that an environmental impact 
statement will be prepared and considered. The notice shall briefly:
    (a) Describe the proposed action and possible alternatives.
    (b) Describe the agency's proposed scoping process including 
whether, when, and where any scoping meeting will be held.
    (c) State the name and address of a person within the agency who can 
answer questions about the proposed action and the environmental impact 
statement.



Sec. 1508.23  Proposal.

    Proposal exists at that stage in the development of an action when 
an agency subject to the Act has a goal and is actively preparing to 
make a decision on one or more alternative means of accomplishing that 
goal and the effects can be meaningfully evaluated. Preparation of an 
environmental impact statement on a proposal should be timed 
(Sec. 1502.5) so that the final statement may be completed in time for 
the statement to be included in any recommendation or report on the 
proposal. A proposal may exist in fact as well as by agency declaration 
that one exists.



Sec. 1508.24  Referring agency.

    Referring agency means the federal agency which has referred any 
matter to the Council after a determination that the matter is 
unsatisfactory from the standpoint of public health or welfare or 
environmental quality.



Sec. 1508.25  Scope.

    Scope consists of the range of actions, alternatives, and impacts to 
be considered in an environmental impact statement. The scope of an 
individual statement may depend on its relationships to other statements 
(Secs. 1502.20 and 1508.28). To determine the scope of environmental 
impact statements, agencies shall consider 3 types of actions, 3 types 
of alternatives, and 3 types of impacts. They include:
    (a) Actions (other than unconnected single actions) which may be:
    (1) Connected actions, which means that they are closely related and 
therefore should be discussed in the same impact statement. Actions are 
connected if they:
    (i) Automatically trigger other actions which may require 
environmental impact statements.
    (ii) Cannot or will not proceed unless other actions are taken 
previously or simultaneously.
    (iii) Are interdependent parts of a larger action and depend on the 
larger action for their justification.
    (2) Cumulative actions, which when viewed with other proposed 
actions have cumulatively significant impacts and should therefore be 
discussed in the same impact statement.
    (3) Similar actions, which when viewed with other reasonably 
foreseeable or proposed agency actions, have similarities that provide a 
basis for evaluating their environmental consequencies together, such as 
common timing or geography. An agency may wish to analyze these actions 
in the same impact statement. It should do so when the best way to 
assess adequately the combined impacts of similar actions or reasonable 
alternatives to such actions is to treat them in a single impact 
statement.
    (b) Alternatives, which include:
    (1) No action alternative.
    (2) Other reasonable courses of actions.
    (3) Mitigation measures (not in the proposed action).
    (c) Impacts, which may be: (1) Direct; (2) indirect; (3) cumulative.

[[Page 493]]



Sec. 1508.26  Special expertise.

    Special expertise means statutory responsibility, agency mission, or 
related program experience.



Sec. 1508.27  Significantly.

    Significantly as used in NEPA requires considerations of both 
context and intensity:
    (a) Context. This means that the significance of an action must be 
analyzed in several contexts such as society as a whole (human, 
national), the affected region, the affected interests, and the 
locality. Significance varies with the setting of the proposed action. 
For instance, in the case of a site-specific action, significance would 
usually depend upon the effects in the locale rather than in the world 
as a whole. Both short- and long-term effects are relevant.
    (b) Intensity. This refers to the severity of impact. Responsible 
officials must bear in mind that more than one agency may make decisions 
about partial aspects of a major action. The following should be 
considered in evaluating intensity:
    (1) Impacts that may be both beneficial and adverse. A significant 
effect may exist even if the Federal agency believes that on balance the 
effect will be beneficial.
    (2) The degree to which the proposed action affects public health or 
safety.
    (3) Unique characteristics of the geographic area such as proximity 
to historic or cultural resources, park lands, prime farmlands, 
wetlands, wild and scenic rivers, or ecologically critical areas.
    (4) The degree to which the effects on the quality of the human 
environment are likely to be highly controversial.
    (5) The degree to which the possible effects on the human 
environment are highly uncertain or involve unique or unknown risks.
    (6) The degree to which the action may establish a precedent for 
future actions with significant effects or represents a decision in 
principle about a future consideration.
    (7) Whether the action is related to other actions with individually 
insignificant but cumulatively significant impacts. Significance exists 
if it is reasonable to anticipate a cumulatively significant impact on 
the environment. Significance cannot be avoided by terming an action 
temporary or by breaking it down into small component parts.
    (8) The degree to which the action may adversely affect districts, 
sites, highways, structures, or objects listed in or eligible for 
listing in the National Register of Historic Places or may cause loss or 
destruction of significant scientific, cultural, or historical 
resources.
    (9) The degree to which the action may adversely affect an 
endangered or threatened species or its habitat that has been determined 
to be critical under the Endangered Species Act of 1973.
    (10) Whether the action threatens a violation of Federal, State, or 
local law or requirements imposed for the protection of the environment.

[43 FR 56003, Nov. 29, 1978; 44 FR 874, Jan. 3, 1979]



Sec. 1508.28  Tiering.

    Tiering refers to the coverage of general matters in broader 
environmental impact statements (such as national program or policy 
statements) with subsequent narrower statements or environmental 
analyses (such as regional or basinwide program statements or ultimately 
site-specific statements) incorporating by reference the general 
discussions and concentrating solely on the issues specific to the 
statement subsequently prepared. Tiering is appropriate when the 
sequence of statements or analyses is:
    (a) From a program, plan, or policy environmental impact statement 
to a program, plan, or policy statement or analysis of lesser scope or 
to a site-specific statement or analysis.
    (b) From an environmental impact statement on a specific action at 
an early stage (such as need and site selection) to a supplement (which 
is preferred) or a subsequent statement or analysis at a later stage 
(such as environmental mitigation). Tiering in such cases is appropriate 
when it helps the lead agency to focus on the issues which are ripe for 
decision and exclude from consideration issues already decided or not 
yet ripe.

[[Page 494]]



PART 1515--FREEDOM OF INFORMATION ACT PROCEDURES--Table of Contents




                                 Purpose

Sec.
1515.1 What are these procedures?

                           Organization of CEQ

1515.2 What is the Council on Environmental Quality (CEQ)?
1515.3 How is CEQ organized?

                    Procedures for Requesting Records

1515.5 How to make a Freedom of Information Act request.

                       Availability of Information

1515.10 What information is available, and how can it be obtained?

                                  Costs

1515.15 What fees may be charged, and how should they be paid?

    Authority: 5 U.S.C. 552, as amended by Pub. L. 93-502.

    Source: 42 FR 65158, Dec. 30, 1977, unless otherwise noted.

                                 Purpose



Sec. 1515.1  What are these procedures?

    The Freedom of Information Act (5 U.S.C. 552, commonly known as 
FOIA) is a law which creates a procedure for any person to request 
official documents and other records from United States Government 
agencies. The law requires every Federal agency to make available to the 
public the material requested, unless the material falls under one of 
the limited exceptions stated in section 552(b)(5) of the Act, and the 
agency has good reason to refuse the request. These procedures explain 
how the Council on Environmental Quality--one of several offices in the 
Executive Office of the President--will carry out the Freedom of 
Information Act. They are written from the standpoint of a member of the 
public requesting material from the Council.

                           Organization of CEQ



Sec. 1515.2  What is the Council on Environmental Quality (CEQ)?

    (a) The Council on Environmental Quality (``CEQ'' or ``the 
Council'') was created by the National Environmental Policy Act of 1969, 
as amended (42 U.S.C. 4321 through 4347). The Council's authority is 
derived from that Act, the Environmental Quality Improvement Act of 
1970, as amended (42 U.S.C. 4371-4374), Reorganization Plan No. 1 of 
1977 (July 15, 1977), and Executive Order 11514, Protection and 
Enhancement of Environmental Quality, March 5, 1970, as amended by 
Executive Order 11991, May 24, 1977.
    (b) The Council's primary responsibilities include the following:
    (1) To review and evaluate the programs and activities of the 
Federal Government to determine how they are contributing to the 
attainment of the national environmental policy;
    (2) To assist Federal agencies and departments in appraising the 
effectiveness of their existing and proposed facilities, programs, 
policies, and activities affecting environmental quality;
    (3) To develop and recommend to the President policies to improve 
environmental quality to meet the conservation, social, economic, 
health, and other requirements and goals of the Nation;
    (4) To advise and assist the President in achieving international 
cooperation for dealing with environmental problems;
    (5) To assist in coordinating among Federal agencies and departments 
those programs which affect, protect, and improve environmental quality, 
including Federal compliance with the environmental impact statement 
process, and to seek resolution of significant environmental issues;
    (6) To foster research relating to environmental quality and the 
impacts of new or changing technologies; and
    (7) To analyze long and short term environmental problems and trends 
and assist in preparing an annual Environmental Quality Report to the 
President and the Congress.
    (c) The Council maintains a ``Quarterly Index'' which lists its 
current policies and procedures, as required by section 552(a)(2) of the 
Freedom of Information Act. This index is updated and published in the 
Federal Register quarterly, starting in 1976. The Quarterly Index--and 
the specific items listed in the index--are available on request from 
the Freedom of Information Officer. You may also inspect or copy

[[Page 495]]

any of these materials at the Council's office during the hours stated 
below in Sec. 1515.3(f).



Sec. 1515.3  How is CEQ organized?

    (a) The Council is made up of three members appointed by the 
President and subject to approval by the Senate. One member is 
designated as chairman by the President. All three serve in a full-time 
capacity.
    (b) The National Environmental Policy Act and the Environmental 
Quality Improvement Act give the Council the authority to hire any 
officers and staff that may be necessary to carry out responsibilities 
and functions specified in these two Acts. Also, the use of consultants 
and experts is permitted.
    (c) In addition to the three members, the Council has program and 
legal staff.
    (d) The Council has no field or regional offices.
    (e) The Council has a public affairs office which is responsible for 
providing information to the general public, the Congress, and the 
press. If you are interested in general information about the Council or 
have questions about the Council's recent activities or policy 
positions, you should call this office at (202) 633-7005 or write to the 
``Public Affairs Office'' of the Council at the address given in the 
next paragraph.
    Note: The CEQ public affairs office can respond fully and promptly 
to most questions you may have; the Council suggests that the Freedom of 
Information Act procedures be used when you are seeking a specific 
document and have had difficulty obtaining it.
    (f) The Council is located at 722 Jackson Place NW., Washington, DC 
20006. Office hours are 9-5:30, Monday through Friday, except legal 
holidays. If you wish to meet with any of the staff, please write or 
phone ahead for an appointment. The main number is 202-633-7027.

                    Procedures for Requesting Records



Sec. 1515.5  How to make a Freedom of Information Act request.

    (a) The Chairman has appointed a Freedom of Information Officer who 
will be responsible for overseeing the Council's administration of the 
Freedom of Information Act and for receiving, routing, and overseeing 
the processing of all Freedom of Information requests. The Chairman has 
also appointed an Appeals Officer who is responsible for processing any 
appeals.
    (b) Requesting information from the Council. (1) When you make a 
Freedom of Information Act request to the Council, the Freedom of 
Information Officer shall decide how to respond to--or ``make an initial 
determination on''--your request within 10 working days from the date 
the Officer receives the request. The Freedom of Information Officer 
will then provide you with written notification of the determination.
    (2) You can make a Freedom of Information Act request by writing a 
letter which states that you are making a Freedom of Information Act 
request. Address your letter to:

    Freedom of Information Officer, Council on Environmental Quality, 
Executive Office of the President, 722 Jackson Place NW., Washington, DC 
20006.

    (3) In your request you should identify the desired record or 
reasonably describe it. The request should be as specific as possible so 
that the item can be readily found. You should not make blanket 
requests, such as requests for ``the entire file of'' or ``all materials 
relating to'' a specified subject.
    (4) The Council will make a reasonable effort to assist you in 
defining the request to eliminate extraneous and unwanted materials and 
to keep search and copying fees to a minimum. If you have budgetary 
constraints and anticipate that your request might be costly you may 
wish to indicate the maximum fee you are prepared to pay for acquiring 
the information. (See Sec. 1515.15(c) also.)
    (5) The 10 day period for making a determination on a request will 
begin when the records reqested are specified or reasonably 
identifiable.
    (6) Despite its name, the Freedom of Information Act does not 
require a government agency to create or research information that you 
would like or that you may think the agency should have. The Act only 
requres that existing records be made available to the public.

[[Page 496]]

    (c) Council's response to a request. (1) Upon receipt of any request 
under the Act, the Freedom of Information Officer shall direct the 
request to the appropriate staff member at the Council, who will review 
the request and advise the Freedom of Information Officer as soon as 
possible.
    (2) If it is appropriate to grant the request, the staff member will 
immediately collect the requested materials in order to accompany, 
wherever possible, the Freedom of Information Officer's letter notifying 
you of the decision.
    (3) If your request is denied, in part or in full, the letter 
notifying you of the decision will be signed by the Freedom of 
Information Officer, and will include the names of any other individuals 
who participated in the decision. The letter will include the reasons 
for any denial and the procedure for filing an appeal.
    (d) Appeals. (1) If you are not satisfied with the response you have 
received from the Freedom of Information Officer, you may ask the 
Council to reconsider the decision. You should explain what material you 
still wish to receive, and why you believe the Council should disclose 
this to you. This is called an ``appeal.'' You must make you appeal 
within 45 days of the date on the letter which denied your request.
    (2) You can make an appeal by writing a letter to:

FOIA Appeals Officer, Council on Environmental Quality, Executive Office 
of the President, 722 Jackson Place NW., Washington, DC 20006.

    (3) Your letter should specify the records being requested and ask 
the Appeals Officer to review the determination made by the Freedom of 
Information Officer. The letter should explain the basis for the appeal.
    (4) The Appeals Officer shall decide the appeal--or ``make a final 
determination''--within 20 working days from the date the Officer 
receives the appeal. The Appeals Officer (or designee) will send you a 
letter informing you of the decision as soon as it is made. If the 
Appeals Officer denies your request, in part or in whole, the letter 
will also notify you of the provisions for judicial review and the names 
of any persons who participated in the final determination of the 
appeal.
    (e) Extending the Council's time to respond. In unusual 
circumstances, the time limits for response to your request (paragraphs 
(b) and (d) of this section) may be extended by the Council for not more 
than 10 working days. Extensions may be granted by the Freedom of 
Information Officer in the case of initial requests and by the Appeals 
Officer in the case of any appeals. The extension period may be split 
between the initial request and the appeal but may not exceed 10 working 
days overall. Any extension will be made or confirmed to you in writing 
and will set forth the reasons for the extension and the date that the 
final determination is expected. The term ``unusual circumstances'' 
means:
    (i) The need to search for and collect the requested records from * 
* * establishments that are separate from the office processing the 
request;
    (ii) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records which are demanded in 
a single request; or
    (iii) The need for consultation, which shall be conducted with all 
practicable speed, with another agency having a substantial interest in 
the determination of the request or among two or more components of the 
agency having substantial subject-matter interest therein.

(5 U.S.C. 552(a)(6)(B))

                       Availability of Information



Sec. 1515.10  What information is available, and how can it be obtained?

    (a) When a request for information has been approved, in whole or in 
part, you may make an appointment to inspect or copy the materials 
requested during regular business hours by writing or telephoning the 
Freedom of Information Officer at the address or phone number given in 
Sec. 1515.3(f). You may be charged reasonable fees for copying 
materials, as explained by Sec. 1515.15. The Council on Environmental 
Quality will permit copying of any available material but will reserve 
the right to limit the number of copies

[[Page 497]]

made with the Council's copying facilities.
    (b) In general, all records of the Council are available to the 
public, as required by the Freedom of Information Act. The Council 
claims the right, where it is applicable, to withhold material under the 
provisions specified in the Freedom of Information Act as amended (5 
U.S.C. 552(b)).
    (c) The legislative history of the establishment of the Council 
states that the Congress intended the Council to be a confidential 
advisor to the President on matters of environmental policy. Therefore, 
members of the public should presume that communications between the 
Council and the President (and their staffs) are confidential and 
ordinarily will not be released; they will usually fall, at a minimum, 
within Exemption 5 of the Act. The Freedom of Information Officer shall 
review each request, however, to determine whether the record is 
exclusively factual or may have factual portions which may be reasonably 
segregated and made available to the requester. Furthermore, on the 
recommendation of the FOIA Officer or Appeals Officer, the Council will 
consider the release of an entire record, even if it comes within an 
exemption or contains policy advice, if its disclosure would not impair 
Executive policymaking processes or the Council's participation in 
decisionmaking.

                                  Costs



Sec. 1515.15  What fees may be charged, and how should they be paid?

    (a) Following is the schedule of fees you may be charged for the 
search and reproduction of information available under the Freedom of 
Information Act, 5 U.S.C. 552, as amended.
    (1) Search for records. Five dollars per hour when the search is 
conducted by a clerical employee. Eight dollars per hour when the search 
is conducted by a professional employee. There will be no charge for 
searches of less than one hour.
    (2) Duplication of records. Records will be duplicated at a rate of 
$0.10 per page for copying of 10 pages or more. There will be no charge 
for duplicating 9 pages or less.
    (3) Other. When no specific fee has been established for a service, 
or the request for a service does not fall under categories (1) and (2), 
the Administrative Officer is authorized to establish an appropriate fee 
based on ``direct costs'' as provided in the Freedom of Information Act. 
Examples of services covered by this provision include searches 
involving computer time or special travel, transportation, or 
communication costs.
    (b) If the Council anticipates that the fees chargeable under this 
section will amount to more than $25, or the maximum amount specified in 
your request, you shall be promptly notified of the amount of the 
anticipated fee or the closest estimate of the amount. In such instances 
you will be advised of your option to consult with Council personnel in 
order to reformulate the request in a manner which will reduce the fees, 
yet still meet your needs. A reformulated request shall be considered a 
new request, thus beginning a new 10 working day period for processing.
    (c) Fees must be paid in full prior to issuance of the requested 
copies. In the event you owe money for previous request, copies of 
records will not be provided for any subsequent request until the debt 
has been paid in full.
    (d) Search costs are due and payable even if the record which was 
requested cannot be located after all reasonable efforts have been made, 
or if the FOI Officer determines that a record which has been requested 
is exempt under the Freedom of Information Act as amended and is to be 
withheld.
    (e) Payment shall be in the form either of a personal check or bank 
draft drawn on a bank in the United States, or a postal money order. 
Checks shall be made payable to General Services Administration. You 
should mail or deliver any payment for services to the Administrative 
Office, Council on Environmental Quality, 722 Jackson Place NW., 
Washington, DC 20006.
    (f) A receipt for fees paid will be given upon request. Refunds of 
fees paid for services actually rendered will not be made.
    (g) The Council may waive all or part of any fee provided for in 
this section

[[Page 498]]

when the Freedom of Information Officer (or designee) deems it to be in 
either the Council's interest or in the general public's interest.



PART 1516--PRIVACY ACT IMPLEMENTATION--Table of Contents




Sec.
1516.1 Purpose and scope.
1516.2 Definitions.
1516.3 Procedures for requests pertaining to individual records in a 
          record system.
1516.4 Times, places, and requirements for the identification of the 
          individual making a request.
1516.5 Disclosure of requested information to the individual.
1516.6 Request for correction or amendment to the record.
1516.7 Agency review of request for correction or amendment of the 
          record.
1516.8 Appeal of an initial adverse agency determination on correction 
          or amendment of the record.
1516.9 Disclosure of a record to a person other than the individual to 
          whom the record pertains.
1516.10 Fees.

    Authority: 5 U.S.C. 552a; Pub. L. 93-579.

    Source: 42 FR 32537, June 27, 1977, unless otherwise noted.



Sec. 1516.1  Purpose and scope.

    The purposes of these regulations are to:
    (a) Establish a procedure by which an individual can determine if 
the Council on Environmental Quality (hereafter known as the Council) 
maintains a system of records which includes a record pertaining to the 
individual; and
    (b) Establish a procedure by which an individual can gain access to 
a record pertaining to him or her for the purpose of review, amendment 
and/or correction.



Sec. 1516.2  Definitions.

    For the purpose of these regulations:
    (a) The term individual means a citizen of the United States or an 
alien lawfully admitted for permanent residence;
    (b) The term maintain means maintain, collect, use or disseminate;
    (c) The term record means any item or collection or grouping of 
information about an individual that is maintained by the Council 
(including, but not limited to, his or her employment history, payroll 
information, and financial transactions), and that contains his or her 
name, or an identifying number, symbol, or other identifying particular 
assigned to the individual such as a social security number;
    (d) The term system of records means a group of any records under 
the control of the Council from which information is retrieved by the 
name of the individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual; and
    (e) The term routine use means with respect to the disclosure of a 
record, the use of such record for a purpose which is compatible with 
the purpose for which it was collected.



Sec. 1516.3  Procedures for requests pertaining to individual records in a record system.

    An individual shall submit a written request to the Administrative 
Officer of the Council to determine if a system of records named by the 
individual contains a record pertaining to the individual. The 
individual shall submit a written request to the Administrative Officer 
of the Council which states the individual's desire to review his or her 
record. The Administrative Officer of the Council is available to answer 
questions regarding these regulations and to provide assistance in 
locating records in the Council's system of records.

[42 FR 32537, June 27, 1977; 42 FR 35960, July 13, 1977]



Sec. 1516.4  Times, places, and requirements for the identification of the individual making a request.

    An individual making a request to the Administrative Officer of the 
Council pursuant to Sec. 1516.3 shall present the request at the 
Council's office, 722 Jackson Place NW., Washington, DC 20006, on any 
business day between the hours of 9 a.m. and 5 p.m. and should be 
prepared to identify himself by signature. Requests will also be 
accepted in writing if mailed to the Council's offices and signed by the 
requester.

[[Page 499]]



Sec. 1516.5  Disclosure of requested information to the individual.

    Upon verification of identity, the Council shall disclose to the 
individual the information contained in the record which pertains to 
that individual.
    (a) The individual may be accompanied for this purpose by a person 
of his choosing.
    (b) Upon request of the individual to whom the record pertains, all 
information in the accounting of disclosures will be made available.

[42 FR 35960, July 13, 1977]



Sec. 1516.6  Request for correction or amendment to the record.

    The individual may submit a request to the Administrative Officer of 
the Council which states the individual's desire to correct or to amend 
his or her record. This request must be made in accordance with the 
procedures of Sec. 1516.4 and shall describe in detail the change which 
is requested.

[42 FR 32537, June 27, 1977. Redesignated at 42 FR 35960, July 13, 1977]



Sec. 1516.7  Agency review of request for correction or amendment of the record.

    Within ten working days of the receipt of a request to correct or to 
amend a record, the Administrative Officer of the Council will 
acknowledge in writing such receipt and promptly either:
    (a) Make any correction or amendment of any portion thereof which 
the individual believes is not accurate, relevant, timely, or complete; 
or
    (b) Inform the individual of his or her refusal to correct or amend 
the record in accordance with the request, the reason for the refusal, 
and the procedure established by the Council for the individual to 
request a review of that refusal.



Sec. 1516.8  Appeal of an initial adverse agency determination on correction or amendment of the record.

    An individual may appeal refusal by the Administrative Officer of 
the Council to correct or to amend his or her record by submitting a 
request for a review of such refusal to the General Counsel, Council on 
Environmental Quality, 722 Jackson Place NW., Washington, DC 20006. The 
General Counsel shall, not later than thirty working days from the date 
on which the individual requests such a review, complete such review and 
make a final determination unless, for good cause shown, the General 
Counsel extends such thirty day period. If, after his or her review, the 
General Counsel also refuses to correct or to amend the record in 
accordance with the request, the individual may file with the Council a 
concise statement setting forth the reasons for his or her disagreement 
with the General Counsel's decision and may seek judicial relief under 5 
U.S.C. 552a(g)(1)(A).



Sec. 1516.9  Disclosure of a record to a person other than the individual to whom the record pertains.

    The Council will not disclose a record to any individual other than 
to the individual to whom the record pertains without receiving the 
prior written consent of the individual to whom the record pertains, 
unless the disclosure either has been listed as a ``routine use'' in the 
Council's notices of its systems of records or falls within the special 
conditions of disclosure set forth in section 3 of the Privacy Act of 
1974.



Sec. 1516.10  Fees.

    If an individual requests copies of his or her record, he or she 
shall be charged ten cents per page, excluding the cost of any search 
for the record, in advance of receipt of the pages.



PART 1517--PUBLIC MEETING PROCEDURES OF THE COUNCIL ON ENVIRONMENTAL QUALITY--Table of Contents




Sec.
1517.1 Policy and scope.
1517.2 Definitions.
1517.3 Open meeting requirement.
1517.4 Exceptions.
1517.5 Procedure for closing meetings.
1517.6 Notice of meetings.
1517.7 Records of closed meetings.

    Authority: 5 U.S.C. 552b(g); Pub. L. 94-409.

    Source: 42 FR 20818, Apr. 22, 1977, unless otherwise noted.

[[Page 500]]



Sec. 1517.1  Policy and scope.

    Consistent with the policy that the public is entitled to the 
fullest information regarding the decisionmaking processes of the 
Federal Government, it is the purpose of this part to open the meetings 
of the Council on Environmental Quality to public observation while 
protecting the rights of individuals and the ability of the Council to 
carry out its primary responsibility of providing advice to the 
President. Actions taken by the Chairman acting as Director of the 
Office of Environmental Quality and Council actions involving advice to 
the President when such advice is not formulated collegially during a 
meeting are outside the scope of this part. In addition to conducting 
the meetings required by this part, it is the Council's policy to 
conduct, open to public observation, periodic meetings involving Council 
discussions of Council business, including where appropriate, matters 
outside the scope of this part. This part does not affect the procedures 
set forth in part 1515 pursuant to which records of the Council are made 
available to the public for inspection and copying, except that the 
exemptions set forth in Sec. 1517.4(a) shall govern in the case of any 
request made to copy or inspect the transcripts, recording or minutes 
described in Sec. 1517.7.

[47 FR 6277, Feb. 11, 1982]



Sec. 1517.2  Definitions.

    For the purpose of this part:
    (a) The term Council shall mean the Council on Environmental Quality 
established under title II of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 through 4347).
    (b) The term meeting means the deliberations of at least two Council 
members where such deliberations determine or result in the joint 
conduct or disposition of official collegial Council business, but does 
not include deliberations to take actions to open or close a meeting 
under Secs. 1517.4 and 1517.5 or to release or withhold information 
under Secs. 1517.4 and 1517.7. ``Meeting'' shall not be construed to 
prevent Council members from considering individually Council business 
that is circulated to them sequentially in writing.
    (c) Director means the Chairman of the Council on Environmental 
Quality acting as the head of the Office of Environmental Quality 
pursuant to the Environmental Quality Improvement Act of 1970, Pub. L. 
91-224, 42 U.S.C. 4371 through 4374.

[44 FR 34946, June 18, 1979, as amended at 47 FR 6277, Feb. 11, 1982]



Sec. 1517.3  Open meeting requirement.

    (a) Every portion of every meeting of the Council is open to public 
observation subject to the exemptions provided in Sec. 1517.4. Members 
of the Council may not jointly conduct or dispose of the business of the 
Council other than in accordance with this part.
    (b) The Council will conduct open to public observation periodic 
meetings involving Council discussions of Council business including 
where appropriate matters outside the scope of this part. Such meetings 
will be noticed pursuant to Sec. 1517.6.
    (c) Members of the public may attend open meetings of the Council 
for the sole purpose of observation and may not participate in or 
photograph any meeting without prior permission of the Council. Members 
of the public who desire to participate in or photograph an open meeting 
of the Council may request permission to do so from the General Counsel 
of the Council before such meeting. Members of the public may record 
open meetings of the Council by means of any mechanical or electronic 
device unless the Council determines such recording would disrupt the 
orderly conduct of such meeting.

[44 FR 34946, June 18, 1979, as amended at 47 FR 6277, Feb. 11, 1982]



Sec. 1517.4  Exceptions.

    (a) A meeting or portion thereof may be closed to public 
observation, and information pertaining to such meeting or portion 
thereof may be withheld from the public, if the Council determines that 
such meeting or portion thereof or disclosure of such information is 
likely to:
    (1) Disclose matters that are (i) specifically authorized under 
criteria established by an Executive order to be kept secret in the 
interest of national defense or foreign policy and (ii) in fact

[[Page 501]]

properly classified pursuant to that Executive order;
    (2) Relate solely to the internal personnel rules and practices of 
the Council;
    (3) Disclose matters specifically exempted from disclosure by 
statute (other than the Freedom of Information Act, 5 U.S.C. 552), 
provided that the statute: (i) Requires that the matters be withheld 
from the public in such a manner as to leave no discretion on the issue, 
or (ii) establishes particular criteria for withholding or refers to 
particular types of matters to be withheld;
    (4) Disclose the trade secrets and commercial or financial 
information obtained from a person and privileged or confidential;
    (5) Involve accusing any person of a crime, or formally censuring 
any person;
    (6) Disclose information of a personal nature if disclosure would 
constitute a clearly unwarranted invasion of personal privacy;
    (7) Disclose investigatory records compiled for law enforcement 
purposes, or information which if written would be contained in such 
records, but only to the extent that the production of those records or 
information would:
    (i) Interfere with enforcement proceedings,
    (ii) Deprive a person of a right to a fair trial or an impartial 
adjudication,
    (iii) Constitute an unwarranted invasion of personal privacy,
    (iv) Disclose the identity of a confidential source and, in the case 
of a record compiled by a criminal law enforcement authority in the 
course of a criminal investigation, or by an agency conducting a lawful 
national security intelligence investigation, confidential information 
furnished only by the confidential source,
    (v) Disclose investigative techniques and procedures, or,
    (vi) Endanger the life or physical safety of law enforcement 
personnel;
    (8) Disclose information contained in or related to examination, 
operating, or condition reports prepared by, on behalf of, or for the 
use of an agency responsible for the regulation or supervision of 
financial institutions;
    (9) Disclose information the premature disclosure of which would be 
likely to significantly frustrate implementation of a proposed action of 
the Council. This exception shall not apply in any instance where the 
Council has already disclosed to the public the content or nature of the 
proposed action, or where the Council is required by law to make such 
disclosure on its own initiative prior to taking final action on the 
proposal; or
    (10) Specifically concern the issuance of a subpoena by the Council, 
or the participation of the Council in a civil action or proceeding, an 
action in a foreign court or international tribunal, or an arbitration, 
or the initiation, conduct, or disposition by the Council of a 
particular case of formal adjudication pursuant to the procedures in 5 
U.S.C. 554 or otherwise involving a determination on the record after 
opportunity for a hearing.
    (b) Before a meeting is closed to public observation the Council 
shall determine whether or not the public interest requires that the 
meeting be open. The Council may open a meeting to public observation 
which could be closed under paragraph (a) of this section, if the 
Council finds it to be in the public interest to do so.



Sec. 1517.5  Procedure for closing meetings.

    (a) A majority of the entire membership of the Council may vote to 
close to public observation a meeting or a portion or portions thereof, 
or to withhold information pertaining to such meeting. A separate vote 
of the members of the Council shall be taken with respect to each 
meeting of the Council, a portion or portions of which are proposed to 
be closed to the observation of the public or with respect to any 
information concerning such meetings or portion thereof. A single vote 
may be taken with respect to a series of meetings, a portion or portions 
of which are proposed to be closed to the public, or with respect to 
information concerning such series of meetings, so long as each meeting 
in such series involves the same particular matters and is scheduled to 
be held no more than thirty days after the initial meeting in such 
series. The vote of each member of the

[[Page 502]]

Council participating in a vote shall be recorded and no proxies shall 
be allowed.
    (b) Whenever any person whose interest may be directly affected by a 
portion of a meeting requests that the Council close that portion to 
public observation for any of the reasons referred to in Sec. 1517.4(a) 
the Council, upon request of any of the members of the Council, shall 
decide by recorded vote whether to close that portion of the meeting.
    (c) For every meeting or portion thereof closed under this part, the 
General Counsel of the Council before such meeting is closed shall 
publicly certify that, in his or her opinion, the meeting may properly 
be closed to the public stating each relevant exemptive provision. The 
Council shall retain a copy of the General Counsel's certification, 
together with a statement from the presiding officer of the meeting 
setting forth the time and place of the meeting and listing the persons 
present.
    (d) Within one day of any vote taken on a proposal to close a 
meeting, the Council shall make publicly available a record reflecting 
the vote of each member on the question. In addition, within one day of 
any vote which closes a portion or portions of a meeting to the public, 
the Council shall make publicly available a full written explanation of 
its closure action together with a list naming all persons expected to 
attend and identifying their affiliation, unless such disclosure would 
reveal the information that the meeting itself was closed to protect.
    (e) Following any announcement that the Council intends to close a 
meeting or portion thereof, any person may make a request that the 
meeting or portion thereof be opened. Such request shall be made of the 
Chairman of the Council who shall ensure that the request is circulated 
to all members of the Council on the same business day on which it is 
received. The request shall set forth the reasons why the requestor 
believes the meeting should be open. The Council upon the request of any 
member or its General Counsel, shall vote on the request.



Sec. 1517.6  Notice of meetings.

    (a) Except as otherwise provided in this section, the Council shall 
make a public announcement at least one week before a meeting, to 
include the following:
    (1) Time, place, and subject matter of the meeting;
    (2) Whether the meeting is to be open or closed; and
    (3) Name and telephone number of the official who will respond to 
requests for information about the meeting.
    (b) A majority of the members of the Council may determine by 
recorded vote that the business of the Council requires a meeting to be 
called with less than one week's notice. At the earliest practicable 
time, the Council shall publicly announce the time, place and subject 
matter of the meeting, and whether or not it is to be open or closed to 
the public.
    (c) If announcement of the subject matter of a closed meeting would 
reveal the information that the meeting itself was closed to protect, 
the subject matter shall not be announced.
    (d) Following the public announcement required by paragraph (a) or 
(b) of this section:
    (1) A majority of the members of the Council may change the time or 
place of a meeting. At the earliest practicable time, the Council shall 
publicly announce the change.
    (2) A majority of the entire membership of the Council may change 
the subject matter of a meeting, or the determination to open or close a 
meeting to the public, if it determines by a recorded vote that the 
change is required by the business of the Council and that no earlier 
announcement of the change was possible. At the earliest practicable 
time, the Council shall publicly announce the change, and the vote of 
each member upon the change.
    (e) Individuals or organizations having a special interest in 
activities of the Council may request the Council to place them on a 
mailing list for receipt of information available under this section.
    (f) Following public announcement of a meeting, the time or place of 
a meeting may be changed only if the change is announced publicly at the 
earliest

[[Page 503]]

practicable time. The subject matter of a meeting or the determination 
to open or close a meeting may be changed following public announcement 
of a meeting only if both of the following conditions are met:
    (1) There must be a recorded vote of a majority of the Council that 
the business of the Council requires the change and that no earlier 
announcement of such change was possible; and
    (2) There must be a public announcement of the change and of the 
individual Council members' votes at the earliest practicable time.
    (g) Immediately following each public announcement required by this 
section, the following information, as applicable, shall be submitted 
for publication in the Federal Register.
    (1) Notice of the time, place, and subject matter of a meeting;
    (2) Whether the meeting is open or closed;
    (3) Any change in one of the preceding; and
    (4) The name and telephone number of the official who will respond 
to requests for information about the meeting.



Sec. 1517.7  Records of closed meetings.

    (a) A record of each meeting or portion thereof which is closed to 
the public shall be made and retained for two years or for one year 
after the conclusion of any Council proceeding involved in the meeting 
whichever occurs later. The record of any portion of a meeting closed to 
the public shall be a verbatim transcript or electronic recording. In 
lieu of a transcript or recording, a comprehensive set of minutes may be 
produced if the closure decision was made pursuant to Sec. 1517.4(a) (8) 
or (10).
    (b) If minutes are produced, such minutes shall fully and clearly 
describe all matters discussed, provide a full and accurate summary of 
any actions taken and the reasons expressed therefor, and include a 
description of each of the views expressed on any item. The minutes 
shall also reflect the vote of each member of the Council on any roll 
call vote taken during the proceedings and identify all documents 
produced at the meeting.
    (c) The following documents shall be retained by the Council as part 
of the transcript, recording, or minutes of the meeting:
    (1) Certification by the General Counsel that the meeting may 
properly be closed; and
    (2) Statement from the presiding officer of the meeting setting 
forth the date, time, and place of the meeting and listing the persons 
present.
    (d) The Council shall make promptly available to the public at its 
offices at 722 Jackson Place, NW., Washington, DC the transcript, 
electronic recording, or minutes maintained as a record of a closed 
meeting, except for such information as may be withheld under one of the 
provisions of Sec. 1517.5. Copies of such transcript, minutes, or 
transcription of an electronic recording, disclosing the identity of 
each speaker, shall be furnished to any person at the actual cost of 
duplication or transcription.
    (e) [Reserved]
    (f) Requests to review or obtain copies of records other than 
transcripts, electronic recordings or minutes of a meeting will be 
processed under the Freedom of Information Act (5 U.S.C. 552) or, where 
applicable, the Privacy Act of 1974. (5 U.S.C. 552a). Nothing in these 
regulations authorizes the Council to withhold from any individual any 
record, including the transcripts or electronic recordings described in 
Sec. 1517.8, to which the individual may have access under the Privacy 
Act of 1974 (5 U.S.C. 552a).

[[Page 504]]





    Editorial Note: This listing is provided for information purposes 
only. It is compiled and kept up-to-date by the Council on Environmental 
Quality.


                                  Index
Act.......................................  1508.2.
Action....................................  1508.18, 1508.25.
Action-forcing............................  1500.1, 1502.1.
Adoption..................................  1500.4(n), 1500.5(h),
                                             1506.3.
Affected Environment......................  1502.10(f), 1502.15.
Affecting.................................  1502.3, 1508.3.
Agency Authority..........................  1500.6.
Agency Capability.........................  1501.2(a), 1507.2.
Agency Compliance.........................  1507.1.
Agency Procedures.........................  1505.1, 1507.3.
Agency Responsibility.....................  1506.5.
Alternatives..............................  1501.2(c), 1502.2,
                                             1502.10(e), 1502.14,
                                             1505.1(e), 1505.2,
                                             1507.2(d), 1508.25(b).
Appendices................................  1502.10(k), 1502.18,
                                             1502.24.
Applicant.................................  1501.2(d)(1), 1501.4(b),
                                             1501.8(a), 1502.19(b),
                                             1503.1(a)(3), 1504.3(e),
                                             1506.1(d), 1506.5(a),
                                             1506.5(b).
Apply NEPA Early in the Process...........  1501.2.
Categorical Exclusion.....................  1500.4(p), 1500.5(k),
                                             1501.4(a), 1507.3(b),
                                             1508.4.
Circulating of Environmental Impact         1502.19, 1506.3.
 Statement.
Classified Information....................  1507.3(c).
Clean Air Act.............................  1504.1, 1508.19(a).
Combining Documents.......................  1500.4(o), 1500.5(i),
                                             1506.4.
Commenting................................  1502.19, 1503.1, 1503.2,
                                             1503.3, 1503.4, 1506.6(f).
Consultation Requirement..................  1500.4(k), 1500.5(g),
                                             1501.7(a)(6), 1502.25.
Context...................................  1508.27(a).
Cooperating Agency........................  1500.5(b), 1501.1(b),
                                             1501.5(c), 1501.5(f),
                                             1501.6, 1503.1(a)(1),
                                             1503.2, 1503.3, 1506.3(c),
                                             1506.5(a), 1508.5.
Cost-Benefit..............................  1502.23.
Council on Environmental Quality..........  1500.3, 1501.5(e),
                                             1501.5(f), 1501.6(c),
                                             1502.9(c)(4), 1504.1,
                                             1504.2, 1504.3, 1506.6(f),
                                             1506.9, 1506.10(e),
                                             1506.11, 1507.3, 1508.6,
                                             1508.24.
Cover Sheet...............................  1502.10(a), 1502.11.
Cumulative Impact.........................  1508.7, 1508.25(a),
                                             1508.25(c).
Decisionmaking............................  1505.1, 1506.1.
Decision points...........................  1505.1(b).
Dependent.................................  1508.25(a).
Draft Environmental Impact Statement......  1502.9(a).
Early Application of NEPA.................  1501.2.
Economic Effects..........................  1508.8.
Effective Date............................  1506.12.
Effects...................................  1502.16, 1508.8.
Emergencies...............................  1506.11.
Endangered Species Act....................  1502.25, 1508.27(b)(9).
Energy....................................  1502.16(e).
Environmental Assessment..................  1501.3, 1501.4(b),
                                             1501.4(c), 1501.7(b)(3),
                                             1506.2(b)(4), 1506.5(b),
                                             1508.4, 1508.9, 1508.10,
                                             1508.13.
Environmental Consequences................  1502.10(g), 1502.16.
Environmental Consultation Requirements...  1500.4(k), 1500.5(g),
                                             1501.7(a)(6), 1502.25,
                                             1503.3(c).
Environmental Documents...................  1508.10.
Environmental Impact Statement............  1500.4, 1501.4(c), 1501.7,
                                             1501.3, 1502.1, 1502.2,
                                             1502.3, 1502.4, 1502.5,
                                             1502.6, 1502.7, 1502.8,
                                             1502.9, 1502.10, 1502.11,
                                             1502.12, 1502.13, 1502.14,
                                             1502.15, 1502.16, 1502.17,
                                             1502.18, 1502.19, 1502.20,
                                             1502.21, 1502.22, 1502.23,
                                             1502.24, 1502.25,
                                             1506.2(b)(4), 1506.3,
                                             1506.8, 1508.11.
Environmental Protection Agency...........  1502.11(f), 1504.1, 1504.3,
                                             1506.7(c), 1506.9, 1506.10,
                                             1508.19(a).
Environmental Review Requirements.........  1500.4(k), 1500.5(g),
                                             1501.7(a)(6), 1502.25
                                             1503.3(c).
Expediter.................................  1501.8(b)(2).
Federal Agency............................  1508.12.
Filing....................................  1506.9.
Final Environmental Impact Statement......  1502.9(b), 1503.1,
                                             1503.4(b).
Finding of No Significant Impact..........  1500.3, 1500.4(q),
                                             1500.5(1), 1501.4(e),
                                             1508.13.
Fish and Wildlife Coordination Act........  1502.25.
Format for Environmental Impact Statement.  1502.10.
Freedom of Information Act................  1506.6(f).
Further Guidance..........................  1506.7.
Generic...................................  1502.4(c)(2).
General Services Administration...........  1506.8(b)(5).
Geographic................................  1502.4(c)(1).
Graphics..................................  1502.8.
Handbook..................................  1506.7(a).
Housing and Community Development Act.....  1506.12, 1508.12.
Human Environment.........................  1502.3, 1502.22, 1508.14.
Impacts...................................  1508.8, 1508.25(c).
Implementing the Decision.................  1505.3.
Incomplete or Unavailable Information.....  1502.22.
Incorporation by Reference................  1500.4(j), 1502.21.
Index.....................................  1502.10(j).
Indian Tribes.............................  1501.2(d)(2), 1501.7(a)(1),
                                             1502.15(c),
                                             1503.1(a)(2)(ii),
                                             1506.6(b)(3)(ii), 1508.5,
                                             1508.12.
Intensity.................................  1508.27(b).
Interdisciplinary Preparation.............  1502.6, 1502.17.
Interim Actions...........................  1506.1.
Joint Lead Agency.........................  1501.5(b), 1506.2.
Judicial Review...........................  1500.3.
Jurisdication by Law......................  1508.15.

[[Page 505]]

 
Lead Agency...............................  1500.5(c), 1501.1(c),
                                             1501.5, 1501.6, 1501.7,
                                             1501.8, 1504.3,
                                             1506.2(b)(4), 1506.8(a),
                                             1506.10(e), 1508.16.
Legislation...............................  1500.5(j), 1502.3, 1506.8,
                                             1508.17, 1508.18(a).
Limitation on Action During NEPA Process..  1506.1.
List of Preparers.........................  1502.10(h), 1502.17.
Local or State............................  1500.4(n), 1500.5(h),
                                             1501.2(d)(2), 1501.5(b),
                                             1501.5(d), 1501.7(a)(1),
                                             1501.8(c), 1502.16(c),
                                             1503.1(a)(2), 1506.2(b),
                                             1506.6(b)(3), 1508.5,
                                             1508.12, 1508.18.
Major Federal Action......................  1502.3, 1508.18.
Mandate...................................  1500.3.
Matter....................................  1504.1, 1504.2, 1504.3,
                                             1508.19.
Methodology...............................  1502.24.
Mitigation................................  1502.14(h), 1502.16(h),
                                             1503.3(d), 1505.2(c),
                                             1505.3, 1508.20.
Monitoring................................  1505.2(c), 1505.3.
National Historic Preservation Act........  1502.25.
National Register of Historical Places....  1508.27(b)(8).
Natural or Depletable Resource              1502.16(f).
 Requirements.
Need for Action...........................  1502.10(d), 1502.13.
NEPA Process..............................  1508.21.
Non-Federal Sponsor.......................  1501.2(d).
Notice of Intent..........................  1501.7, 1507.3(e), 1508.22.
OMB Circular A-95.........................  1503.1(a)(2)(iii), 1505.2,
                                             1506.6(b)(3)(i).
102 Monitor...............................  1506.6(b)(2), 1506.7(c).
Ongoing Activities........................  1506.12.
Page Limits...............................  1500.4(a), 1501.7(b),
                                             1502.7.
Planning..................................  1500.5(a), 1501.2(b),
                                             1502.4(a), 1508.18.
Policy....................................  1500.2, 1502.4(b),
                                             1508.18(a).
Program Environmental Impact Statement....  1500.4(i), 1502.4, 1502.20,
                                             1508.18.
Programs..................................  1502.4, 1508.18(b).
Projects..................................  1508.18.
Proposal..................................  1502.4, 1502.5, 1506.8,
                                             1508.23.
Proposed Action...........................  1502.10(e), 1502.14,
                                             1506.2(c).
Public Health and Welfare.................  1504.1.
Public Involvement........................  1501.4(e), 1503.1(a)(3),
                                             1506.6.
Purpose...................................  1500.1, 1501.1, 1502.1,
                                             1504.1.
Purpose of Action.........................  1502.10(d), 1502.13.
Record of Decision........................  1505.2, 1506.1.
Referrals.................................  1504.1, 1504.2, 1504.3,
                                             1506.3(d).
Referring Agency..........................  1504.1, 1504.2, 1504.3.
Response to Comments......................  1503.4.
Rural Electrification Administration......  1506.1(d).
Scientific Accuracy.......................  1502.24.
Scope.....................................  1502.4(a), 1502.9(a),
                                             1508.25.
Scoping...................................  1500.4(b), 1501.1(d),
                                             1501.4(d), 1501.7,
                                             1502.9(a), 1506.8(a).
Significantly.............................  1502.3, 1508.27.
Similar...................................  1508.25.
Small Business Associations...............  1506.6(b)(3)(vi).
Social Effects............................  1508.8.
Special Expertise.........................  1508.26.
Specificity of Comments...................  1500.4(1), 1503.3.
State and Areawide Clearinghouses.........  1501.4(e)(2),
                                             1503.1(a)(2)(iii),
                                             1506.6(b)(3)(i).
State and Local...........................  1500.4(n), 1500.5(h),
                                             1501.2(d)(2), 1501.5(b),
                                             1501.5(d), 1501.7(a)(1),
                                             1501.8(c), 1502.16(c),
                                             1503.1(a)(2), 1506.2(b),
                                             1506.6(b)(3), 1508.5,
                                             1508.12, 1508.18.
State and Local Fiscal Assistance Act.....  1508.18(a).
Summary...................................  1500.4(h), 1502.10(b),
                                             1502.12.
Supplements to Environmental Impact         1502.9(c).
 Statements.
Table of Contents.........................  1502.10(c).
Technological Development.................  1502.4(c)(3).
Terminology...............................  1508.1.
Tiering...................................  1500.4(i), 1502.4(d),
                                             1502.20, 1508.28.
Time Limits...............................  1500.5(e), 1501.1(e),
                                             1501.7(b)(2), 1501.8.
Timing....................................  1502.4, 1502.5, 1506.10.
Treaties..................................  1508.17.
When to Prepare an Environmental Impact     1501.3.
 Statement.
Wild and Scenic Rivers Act................  1506.8(b)(ii).
Wilderness Act............................  1506.8(b)(ii).
Writing...................................  1502.
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