[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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[[Page 507]]