[Title 40 CFR 1505]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter V - COUNCIL ON ENVIRONMENTAL QUALITY]
[Part 1505 - NEPA AND AGENCY DECISIONMAKING]
[From the U.S. Government Printing Office]
40PROTECTION OF ENVIRONMENT282002-07-012002-07-01falseNEPA AND AGENCY DECISIONMAKING1505PART 1505PROTECTION OF ENVIRONMENTCOUNCIL ON ENVIRONMENTAL QUALITY
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.