NATIONAL ENVIRONMENTAL POLICY ACT REVISED IMPLEMENTATION PROCEDURES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00759R000100180007-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 102
• Document Creation Date: December 12, 2016
• Document Release Date: November 26, 2001
• Sequence Number: 7
• Publication Date: April 1, 1979
• Content Type: REGULATION

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CENTRAL INTELLIGENCE AGENCY
(Instruction LI 45-16)
NATIONAL ENVIRONMENTAL POLICY ACT
Revised Implementation Procedures
April 1, 1979
Pursuant to the provisions of the National Environmental Policy Act
of 1969, as amended, (Public Law 91-190 as amended), the Central Intel-
ligence Agency has revised internal procedures to implement the provisions
therein for the preparation of environmental impact statements for
facility planning programs.
Since this instruction is for intra-Agency use, it will not be
codified for publication as a section of the Code of Federal Regulations.
The revised implementation procedures follows:
This Logistics Instruction prescribes procedures for imple-
menting the National Environmental Policy Act (Public Law 91-190
as amended) hereinafter referred to as NEPA within the Central
Intelligence Agency.
2. BACKGROUND
In carrying out national environmental policy and goals, Section
1500.1(a) of the NEPA regulations states that,
"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 NEPA regulations are designed to ensure that the data and analysis
developed. during the environmental review process is made available
to Agency planners and decisionmakers at the time when it will be of
most value to them in formulating, reviewing, and deciding upon proposals
for agency action.
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3. IMPLEMENTING PROCEDURES
a. NEPA Section 1500.6, AGENCY AUTHORITY, states that,
"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."
(1) The Agency shall interpret the provisions of the Act as a
supplement to its existing authority and as a mandate to
address traditional activities in view of NEPA's national
environmental objectives.
(2) Order of
in case of incon sstencies betwee -the
Agenr~ylregulations and NEPA, the Agency regulations ~STall take
precedence.
b. NEPA Section 1501.2, APPLY NEPA EARLY IN THE PROCESS, states that,
"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."
(1)
Types of actions initiated by private parties, state, and
local agencies and. other non-Governmental entities for which
Agency involvement is reasonably foreseeable are as follows:
(a) When an enviromental assessment or environmental
impact statement is required to be prepared by
another Federal agency for a proposed develop-
ment, demolition, construction, changed use or rezoning
of property located up to 500 yards beyond the Agency
property line.
(b) When an environmental assessment or environmental
impact statement is required to be prepared by
another Federal Agency for any proposed activity with
the potential for electrical interferences within three
miles of an Agency installation.
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(c) When an environmental assessment or environmental impact
statement is required to be prepared by another Federal
agency for proposed mining operations, quarrying, blasting,
heavy construction, or tunneling within three miles of an
Agency installation having an appreciable manmade seismic
disturbance that may interfere with the Agency's operation
of precise measuring equipment and the conduct of vibration
sensitive research.
(2) This Instruction and the NEPA process form the basic policy
for advising potential applicants of requirements for early
consultation in cases where Agency involvement is reasonably
foreseeable.
(3) The Director of Logistics has been designated the responsible
officer for making the identifications and implementing the
policies under subsections (1) and (2) above.
c. NEPA Section 1501.4, WHETHER TO PREPARE AN ENVIROMIENTAL IMPACT
STATEMENT, states that, "In determining whether to prepare an
Environmental Impact Statement the Federal agency shall: Determine
under its procedures supplementing these regulations (described in
Section 1507.3) whether the proposal is one which: (1) normally
requires an environmental impact statement, or (2) normally does
not require an environmental impact statement or an environmental
assessment (categorical exclusion)."
(1) Projects or actions for which environmental impact statements
would normally be made include the following:
(a) Proposed construction of major new facilities by.the
Agency that have a significant impact on the environment.
(b) Agency acquisition or disposal of real property, by
lease, assignment, purchase, or otherwise, the operation
of which adversely affects the environment.
(c) Major additional or renovations of existing Agency facilities
that alter the basic functions of space and have a
significant impact on the environment.
(d) Master plans for facilities and installations which
involve a series of actions for long-range planning and
improvement and having a singificant impact on the
environment.
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(2) Projects or actions for which environmental assessments or
environmental impact statements are not normally required
(categorical exclusions) include the following:
(a) Repair and improvements to existing facilities
that do not alter the functions of the space.
(b) Additions to existing facilities when the present function
of the facility is not changed and the addition has no
appreciable effect on existing utilities, transpor-
tation, or clean air.
(c) New and replacement construction on existing
installations or locations when new real estate is not
required, existing transportation and utilities are not
appreciably affected, no significant change in the sky-
line occurs when viewed from outside the installation
property boundary, and no appreciable increase-in noise
or air pollution occurs.
(d) Changes in function of existing facilities when no
appreciable change or effect to existing utilities,
transportation, clean air, or noise occurs.
(e) Acquisition or disposal of real property by lease
(3)
assignment, purchase, or otherwise when no physical
impact occurs to the environment.
(f) Actions that force displacement of personnel, affect
the social or economic environment, but have no impact
on the physical environment.
(g) New construction covered by an existing and approved
Master Plan when the impact was previously assessed
during Master Plan preparation and approval.
Projects or actions which are not covered by paragraphs (1)
and (2) above or which may be controversial shall have an
environmental assessment prepared. This assessment will be
the basis for a finding of "no significant impact" or a
decision to prepare an environmental impact statement.
d. NEPA Section 1502.5, TIMING:
The preparation of the Environmental Impact Statement (EIS)
shall be started. as close to the time the Agency is developing
a proposal. so that the EIS can be included in any recommendation or
final report on the proposal.
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e. NEPA Section 1502.9, DRAFT, FINAL, AND SUPPLEMENTAL STATEMENTS:
(1) Draft Impact Statements
After a determination has been made that the proposed
action is a major Federal action significantly affecting the
environment, a draft EIS shall be prepared. At the earliest
possible stage of draft EIS preparation, Federal, State, and
local agencies shall be contacted to obtain views, comments
and information about potential impacts of the proposed action.
(2) Final Environmental Impact Statement
The final EIS must reflect all the site data; and substantive
comments submitted by other Federal, State, and local officials,
individuals, and groups; and Agency responses to above comments.
(3) Supplemental Statements
A supplemental EIS shall he prepared when the Agency
makes substantial changes in the proposed. action that are
relevant to the environmental concerns. The supplement shall
only address those new factors and the conclusions of the
original EIS. The supplemental EIS shall be prepared, circulated
and filed as an addendum to the original EIS.
f. NEPA Section 1505.1, AGENCY DECISIONMAKING PROCEDURES:
(1) The Director of Logistics has been designated the Responsible
Official, who shall:
(a) Determine if. proposed Agency actions require environ-
mental impact statements.
(b) Ensure the fullest practicable provision of timely public
information relative to Agency plans for actions of the
type described in paragraph 3.c. which will impact on the
human environment, and he shall obtain views and comments
of interested parties before taking final administrative
action.
(2) The Chief, Real Estate and Construction Division, will assist
the Director of Logistics, as required, including the following:
(a) Provide technical competence for assessment studies of
proposed projects and actions.
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(3)
(b) Develop environmental impact statements when they are
deemed necessary.
(c) Maintain a list of actions for which environmental state-
ments are being prepared, revising the list as proposed
actions are added or dropped.
.Office of General Counsel shall be consulted on matters of
environmental law.
(4) Independent Operating Officials shall review proposed projects
with the Director of Logistics at the earliest possible stage
of the proposal.
NEPA Section 1506.6, PUBLIC INVOLVEMENT:
In accordance with NEPA Section 1506.6(e), interested persons
can obtain information or status reports on environmental impact
statements and other elements of the NEPA process except for classi- STATINTL
fied information provided under NEPA Section 1507.3. This informa-
tion can be obtained by contacting: Director of Lo istics Centres
Intelligence Agency, Washington, D.C. 20505.
h. NEPA Section 1507.3(b), AGENCY PROCEDURES, states that, "Agency
procedures shall comply with these regulations except where compliance
would be inconsistent with statutory requirements and shall include:"
(1)
Those procedures required by paragraphs 3.b. (NEPA Section
1501.2, APPLY NEPA EARLY IN THE PROCESS), 3.c.(3) (NEPA
Section 1502.9, SUPPLEMENTAL STATEMENTS), 3.f. (NEPA Section
1505.1, AGENCY DECISIONMAKING PROCEDURES), 3.g. (NE-PA Section
1506.6, PUBLIC INVOLVIEENT) above, and NEPA Section 1508.4
(CATEGORICAL EXCLUSIONS).
(2) Criteria for typical classes of actions are included in
paragraphs 3.c.(1), 3.c.(2), and 3.c.(3) above and respectively
represent actions which normally require an environment
impact statement, categorical exclusions, and environmental
assessments.
(3)
NEPA Section 1507.3(c), states, "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
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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."
(4) The following points are to be covered in draft and final
environmental impact statements:
(a) Describe the proposed action and its purpose.
(b) Describe the existing environment to be affected, sup-
plemented with maps, photos, charts, and other graphic
media commensurate with the extent of the impact and with
amount of information required at the particular level of
decisionmaking.
(c) State relationship of proposed action to-land use plans,
policies, and controls for the affected area.
(d) Describe the probable impact on the environment in both
positive and negative aspects. Include primary and
secondary consequences which cannot be avoided such as
pollution, urban congestion, and threats to environmental
goals.
(e) State alternatives to the proposed action and illustrate
desirability relative to the recommended course of action
proposed. Discuss alternative measures to compensate for
losses to wildlife and alternative design approaches that
significantly affect consumption of energy or other
resources.
(f)
Discuss the relationship between local, short-term use,
and the maintenance and enhancement of long-term productivity
of man' s environment.
(g) Identify any irreversible and irretrievable commitments
of resources should the action be implemented. This
requires identification of the extent to which the action
would curtail the range of beneficial use of the environment.
(h) Indicate other interests and considerations of Federal
policy which are thought to offset the proposed action's
adverse effects.
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 (5)
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(i) Where appropriate, discuss problems and objections raised
by other Federal, State, and local agencies and by the
public during the review process.
Review of Environmental Statements by Federal, State, and
Local Agencies
(a) To meet statutory requirements of making environmental
statements available to the President, draft statements
and final statements, together with the substance of all
comments shall be sent to the Council on Environmental
Quality as soon,as they are prepared. Transmit statements
to the Council in ten copies. Simultaneously, copies
being sent to other agencies for review and comment
should be issued.
(b) Draft environmental statements should be circulated for
review to Federal and State agencies with relevant expertise.
(c) Draft environmental statements should be submitted in
all cases to the Environmental Protection Agency for
review and written continent.
(d) Final environmental statements shall be published and
circulated to all organizations and individuals that made
substantive comments on the draft statement. In all
cases, copies shall be sent to the Environmental Protection
Agency.
(e) Inquiries regarding these Agency.procedures, environ-
mental impact statements, or assessments are to be directed
to: Director of Logistics Central Intelligence. Agency,
Washington, D.C. 20505.
James H. McDonald
Director of Logistics
STATINTL
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A.
SECTION 1500.6
AGENCY AUTHORITY
B.
SECTION 1501.2
APPLY NEPA EARLY IN THE PROCESS *
C.
SECTION 1501.4
WHETHER TO PREPARE AN ENVIRONMENTAL IMPACT
STATEMENT * * *
D.
SECTION 1502.5
TIMING
E.
SECTION 1502.9
DRAFT, FINAL, AND SUPPLEMENTAL STATEMENTS * * *
F.
SECTION 1505.1
AGENCY DECISIONMAKING PROCEDURES * * *
G.
SECTION 1506.6
PUBLIC INOVLVEMENT * * *
H.
SECTION 1507.3
AGENCY PROCEDURES * * *
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Council on Environmental Quality
Executive Office of the President
REGULATIONS
For Implementing The Procedural Provisions Of The
NATIONAL
ENVIRONMENTAL
POLICY ACT
Reprint
43 FR 55978-56007
November 29, 1978
40 CFR Parts 1500-1508
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CONTENTS
Regulations for Implementing the Procedural Provi-
;ions of the National Environmental Policy Act . .
1
The National Environmental Policy Act of 1969, as
Amended . . . . . . . . . . . . . . .
34
The Environmental Quality Improvement Act of 1970
39
The Clean Air Act ? 309 . . . . . . . . . .
11
Executive Order 11514, as Amended by Executive.
Order 11991 . . . . . . . . . . . . .
42
For further information, contact:
Nicholas C. Yost, General Counsel
Council on Environmental Quality
Executive Office of the President:
722 Jackson Pl. N.W.
Washington, D.C. 2(x)06
[phone]
Wsr sale by the Suiiorintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20,102
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TABLE OF CONTENTS
PART 1500-PURPOSE, POLICY, AND
MANDATE
Sec.
1500.1 Purpose.
1500.2 Policy.
1500.3 Mandate.
1500.4 Reducing paperwork.
1500.5 Reducing delay.
1500.6 Agency authority.
PART 1501-NEPA AND AGENCY
PLANNING
1501.1 Purpose.
1501.2 Apply NEPA early in the process.
1501.3 When to prepare an environmen-
tal assessment.
1501.4 Whether to prepare an environ-
mental impact statement.
1501.5 Lead agencies.
1501.6 Cooperating agencies.
1501.7 Scoping.
1501.8 Time limits.
PART 1502-ENVIRONMENTAL IMPACT
STATEMENT
1502.1 Purpose.
1502.2 Implementation.
1502.3 Statutory requirements for state-
ments.
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 pro-
posed action.
1502.15 Affected environment.
1502.16 Environmental consequences.
1502.17 List of preparers.
1502.18 Appendix.
1502.19 Circulation of the environmen-
tal impact statement.
1502.20 Tiering.
1502.21 Incorporation by reference.
1502.22 Incomplete or unavailable infor-
mation.
Sec.
1502.23 Cost-benefit analysis.
1502.24 Methodology and scientific ac-
curacy.
1502.25 Environmental review and con-
sultation requirements.
1503.1 Inviting comments.
1503.2 Duty to comment.
1503.3 Specificity of comments.
1503.4 Response to comments.
PART 1504-PREDECISION REFERRALS TO
THE COUNCIL OF PROPOSED FEDERAL
ACTIONS DETERMINED TO BE ENVIRON-
MENTALLY UNSATISFACTORY
1504.1 Purpose.
1504.2 Criteria for referral.
1504.3 Procedure for referrals and re-
sponse.
PART 1505-NEPA AND AGENCY
DECISIONMAKING
1505.1 Agency decisionmaking proce-
dures.
1505.2 Record of decision in cases re-
quiring environmental impact state-
ments.
1505.3 Implementing the decision.
PART 1506-OTHER REQUIREMENTS OF
NEPA
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.
PART 1507-AGENCY COMPLIANCE
1507.1 Compliance.
1507.2 Agency capability to comply.
1507.3 Agency procedures.
PART 1508-TERMINOLOGY AND INDEX
1508.1 Terminology.
1508.2 Act.
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Sec. procedures and achieve the goals of
1508.3 Affecting. the Act. The President, the federal
1508.4 Categorical exclusion. agencies, and the courts share re-
1508.5 Cooperating agency.
sponsibility for enforcing the Act so
1508.7 1508.6 Cumulative impact. as to achieve the substantive re-
u
1508.8 Effects. quirements of section 101.
1508.9 Environmental. assessment. (b) NEPA procedures must insure
1508.10 Environmental document. that environmental information is
1508.11 Environmental impact state- available to public officials and citi-
ment. zens before decisions are made and
1508.12 Federal agency. before actions are taken. The infor-
1508.13 Finding of no significant mation must be of high quality. Ac-
ilnpact. curate scientific analysis, expert
1508.15 Jurisdiction .15 uisdenr y law. agency comments, and public scruti-
1508.16 by law.
1508.16 Lead agency. ny are essential to implementing
1508.17 Legislation. NEPA. Most important, NEPA docu-
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.
Index.
PART 1500-PURPOSE, POLICY, AND
MANDATE
1500.1
1500.2
1500.3
1500.4
1500.!5
1500.6
Purpose.
Policy.
Mandate.
Reducing paperwork.
Reducing delay.
Agency authority.
AUTHORITY: 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 Environ-
mental Quality (March 5, 1970 as amend-
ed by Executive Ordc.:r 11991, May 24,
1977).
? 1500.1 Purpose.
(a) The National Environmental
Policy Act (NEPA) is our basic na-
tional 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 ac-
cording to the letter and spirit of the
Act. The regulations that follow im-
plement Section 102(2). Their pur-
pose is to tell federal agencies what
they must do to comply with the
ments 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 deci-
sions that count. NEPA's purpose is
not to generate paperwork--even ex-
cellent paperwork-but to foster ex-
cellent action. The NEPA process is
intended to help public officials
make decisions that are based on un-
derstanding of environmental conse-
quences, and take actions that pro-
tect, restore, and enhance the envi-
ronment. These regulations provide
the direction to achieve this pur-
pose.
? 1500.2 Policy.
Federal agencies shall to the ful-
lest 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 accumula-
tion of extraneous background data;
and to emphasize real environmental
issues and alternatives. Environmen-
tal impact statements shall be con-
cise, 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 envi-
ronmental review procedures re-
quired by law or by agency practice
so that all such procedures run con-
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 currentlyerather than con s0ecutively
(d) Encourage and facilitate public
involvement in decisions which
affect the quality of the human en-
vironment.
(e) Use the NEPA process to iden-
tify and assess the reasonable alter-
natives 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, con-
sistent with the requirements of the
Act and other essential consider-
ations of national policy, to restore
and enhance the quality of the
human environment and avoid or
minimize any possible adverse ef-
fects of their actions upon the qual-
ity of the human environment.
? 1500.3 Mandate.
Parts 1500-1508 of this Title pro-
vide regulations applicable to and
binding on all Federal agencies for
implementing the procedural provi-
sions 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) except where
compliance would be inconsistent
with other statutory requirements.
These regulations are issued pursu-
ant to NEPA, the Environmental
Quality Improvement Act of 1970, as
amended (42 U.S.C. 4371 et seq.) Sec-
tion 309 of the Clean Air Act, as
amended (42 U.S.C. 7609) and Execu-
tive Order 11514, Protection and En-
hancement of Environmental Qual-
ity (March 5, 1970, as amended by
Executive Order 11991, May 24,
1977). These regulations, unlike the
predecessor guidelines, are not con-
fined to Sec. 102(2)(C) (environmen-
tal impact statements). The regula-
tions apply to the whole of section
102(2). The provisions of the Act and
of these regulations must be read to-
gether as a whole in order to comply
with the spirit and letter of the law.
It is the Council's intention that. ju-
dicial 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 sig-
nificant impact (when such a finding
will result in action affecting the en-
vironment), or takes action that will
C'Ast" iRPnVereparabie injuory$> uRNher-
more, it is the Council's intention
that any trivial violation of these
regulations not give rise to any inde-
pendent cause of action.
? 1500.4 Reducing paperwork.
Agencies shall reduce excessive pa-
perwork by:
(a) Reducing the length of envi-
ronmental impact statements
(? 1502.2(c)), by means such as set-
ting appropriate page limits
(?? 1501.7(b)(1) and 1502.7).
(b) Preparing analytic rather than
encyclopedic environmental impact
statements (? 1502.2(a)).
(c) Discussing only briefly issues
other than significant ones
(? 1502.2(b)).
(d) Writing environmental impact
statements in plain language
(? 1502.8).
(e) Following a clear format for en-
vironmental impact statements
(? 1502.10).
(f) Emphasizing the portions of
the environmental impact statement
that are useful to decisionmakers
and the public (?? 1502.14 and
1502.15) and reducing emphasis on
background material (? 1502.16).
(g) Using the scoping process, not
only to identify significant environ-
mental issues deserving of study, but
also to deemphasize insignificant
issues, narrowing the scope of the
environmental impact statement
process accordingly (? 1501.7).
(h) Summarizing the environmen-
tal impact statement (? 1502.12) and
circulating the summary instead of
the entire environmental impact
statement if the latter is unusually
long (? 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 (?? 1502.4 and
1502.20).
(I) Incorporating by reference
(? 1502.21).
(k) Integrating NEPA require-
ments with other environmental
review and consultation require-
ments (? 1502.25).
(1) Requiring comments to be as
specific as possible (? 1503.3).
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(m) Attaching and circulating only
changes to the draft environmental
impact statement, rather than re-
writing and circulating the entire
statement when changes are minor
(? 1503.4(c)).
(n) Eliminating duplication with
State and local procedures, by pro-
viding for Joint preparation
(? 1506.2), and with other Federal
procedures, by providing that an
agency may adopt appropriate envi-
ronmental documents prepared by
another agency (? 1506.3).
(o) Combining environmental doc-
uments with other documents
(? 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
theref ore exempt from requirements
to prepare an environmental impact
statement (? 1508.4).
(q) Using a finding of no signifi-
cant impact when an action not oth-
erwise excluded will not have a sig-
nificant effect on the human envi-
ronment and is therefore exempt
from requirements to prepare an en-
vironmental impact statement
(? 1508.13).
? 1500.5 Reducing delay.
Agencies shall reduce delay by:
(a) Integrating the NEPA process
into early planning (? 1501.2).
(b) Emphasizing interagency coop-
eration before the environmental
impact statement is prepared, rather
than submission of adversary com-
ments on a completed document
(? 150]..6).
(c) Insuring the swift and fair reso-
lution of lead agency disputes
(? 1501.5).
(d) Using the scoping process for
an early identification of what are
and what are not the real issues
(? 1501.7).
(e) Establishing appropriate time
limits for the environmental impact
CIA-RDP85-00759R000100180007-0
review and consultation require-
ments (? 1502.25).
(h) Eliminating duplication with
State and local procedures by pro-
viding for joint preparation
(? 1506.2) and with other Federal
procedures by providing that an
agency may adopt appropriate envi-
ronmental documents prepared by
another agency (? 1506.3).
(i) Combining environmental docu-
ments with other documents
(? 1506.4).
(J) Using accelerated procedures
for proposals for legislation
(? 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 (? 1508.4) and
which are therefore exempt from re-
quirements to prepare an environ-
mental impact statement.
(1) Using a finding of no signifi-
cant impact when an action not oth-
erwise excluded will not have a sig-
nificant effect on the human envi-
ronment (? 1508.13) and is therefore
exempt from requirements to pre-
pare an environmental impact state-
ment.
? 1500.6 Agency authority.
Each agency shall interpret the
provisions of the Act as a supple-
ment to its existing authority and as
a mandate to view traditional poli-
cies and missions in the light; of the
Act's national environmental objec-
tives. Agencies shall review their
policies, procedures, and regulations
accordingly and revise them as nec-
essary 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 Fed-
eral Government shall comply with
that section unless existing law ap-
plicable to the agency's operations
expressly prohibits or makes compli-
ance impossible.
statement process
and 1501.8).
(f) Preparing
(?? 1501.7(b)(2)
environmental
PART 1501-NEPA AND AGENCY
PLANNING
impact statements early in the proc-
ess (? ]1502.5).
Sec.
(g) Integrating
NEPA require-
1501.1 Purpose.
ments with other
environmental
1501.2 Apply NEPA early in the process.
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manning an in ec sionma ing
1501.3 When to prepare an environmen-
tal assessment.
1501.4 Whether to prepare an environ-
mental 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.), Section
309 of the Clean Air Act, as amended (42
U.S.C. 7609), and Executive Order 11514,
Protection and Enhancement of Environ-
mental Quality (March 5, 1970, as amend-
ed by Executive Order 11991, May 24
1977).
? 1501.1 Purpose.
The purposes of this part include:
(a) Integrating the NEPA process
into early planning to insure appro-
priate consideration of NEPA's poli-
cies and to eliminate delay.
(b) Emphasizing cooperative con-
sultation 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 deemphasiz-
ing insignificant issues, narrowing
the scope of the environmental
impact statement accordingly.
(e) Providing a mechanism for put-
ting appropriate time limits on the
environmental impact statement
process.
? 1501.2 Apply NEPA early in the proc-
ess.
Agencies shall integrate the NEPA
process with other planning at the
earliest possible time to insure that
planning and decisions reflect envi-
ronmental 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 sys-
tematic, interdisciplinary approach
which will insure the integrated use
of the natural and social sciences
and the environmental design arts in
which may have an impact on man's
environment," as specified by
? 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 doc-
uments.
(c) Study, develop, and describe ap-
propriate alternatives to recom-
mended courses of action in any pro-
posal which involves unresolved con-
flicts 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 appli-
cants of studies or other information
foreseeably required for later Feder-
al 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 involve-
ment is reasonably foreseeable.
(3) The Federal agency commences
its NEPA process at the earliest pos-
sible time.
? 1501.3 When to prepare an environ-
mental assessment.
(a) Agencies shall prepare an envi-
ronmental assessment (? 1508.9)
when necessary under the proce-
dures adopted by individual agencies
to supplement these regulations as
described in ? 1507.3. An assessment
is not necessary if the agency has de-
cided to prepare an environmental
impact statement.
(b) Agencies may prepare an envi-
ronmental assessment on any action
at any time in order to assist agency
planning and decisionmaking.
? 1501.4 Whether to prepare an environ-
mental impact statement.
In determining whether to prepare
an environmental impact statement
the Federal agency shall:
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 (a) Dete?rvmine under sits p 20
supplementing these regulations (de-
scribed in ? 1507.3) whether the pro-
posal is one which:
(1) Normally requires an environ-
mental impact statement, or
(2) Normally does not require
either an environmental impact
statement or an environmental as-
sessment (categorical exclusion).
(b) If the proposed action is not
covered by paragraph (a) of this sec-
tion, prepare an environmental as-
sessment (? 1508.9). The agency shall
involve environmental agencies, ap-
plicants, and the public, to the
extent practicable, in preparing as-
sessments required by ? 1508.9(a)(1).
(c) Based on the environmental as-
sessment make its determination
whether to prepare an environmen-
tal impact statement.
(d) Commence the scoping process
(? 1501.7), if the agency will prepare
an environmental impact statement.
(e) Prepare a finding of no signifi-
cant impact (? 1508.13), if the agency
determines on the basis of the envi-
ronmental 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 ? 1506.6.
(2) In certain limited circum-
stances, which the agency may cover
in its procedures under ? 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 de-
termination whether to prepare an
environmental impact statement and
before the action may begin. The cir-
cumstances are:
(i) The proposed action is, or is
closely similar to, one which normal-
ly requires the preparation of an en-
vironmental impact statement under
the procedures adopted by the
agency pursuant to ? 1507.3, or
(ii) The nature of the proposed
action is one without precedent.
? 1501.5 Lead agencies.
(a) A lead agency shall supervise
the preparation of an environmental
impact statement if more than one
Federal agency either:
same action; or
(2) Is involved in a group of actions
directly related to each other be-
cause of their functional interdepen-
dence or geographical proximity.
(b) Federal, State, or local agen-
cies, including at least one Federal
agency, may act as joint lead agen-
cies to prepare an environmental
impact statement (? 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 memo-
randum which agency shall be the
lead agency and which shall be coop-
erating agencies. The agencies shall
resolve the lead agency question so
as not to cause delay. If there is dis-
agreement among the agencies, the
following factors (which are listed in
order of descending importance)
shall determine lead agency designa-
tion:
(1) Magnitude of agency's involve-
ment.
(2) Project approval/disapproval
authority.
(3) Expertise concerning the ac-
tion's environmental effects.
(4) Duration of agency's involve-
ment.
(5) Sequence of agency's involve-
ment.
(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 de-
scribed in paragraph (c) of this sec-
tion 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 trans-
mitted to each potential lead agency.
The request shall consist of:
(1) A precise description of the
nature and extent of the proposed
action.
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 (z9pAoSCail2~i Phi i menP0 jOwl rOy
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 receiv-
ing the request and all responses to
it which Federal agency shall be the
lead agency and which other Federal
agencies shall be cooperating agen-
cies.
? 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 Feder-
al agency which has jurisdiction by
law shall be a cooperating agency. In
addition any other Federal agency
which has special expertise with re-
spect to any environmental issue,
which should be addressed in the
statement may be a cooperating
agency upon request of me lead
agency. An agency may request the
lead agency to designate it a cooper-
ating agency.
(a) The lead agency shall:
(1) Request the participation of
each cooperating agency in the
NEPA process at the earliest possi-
ble time.
(2) Use the environmental analysis
and proposals of cooperating agen-
cies with jurisdiction by law or spe-
cial 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 proc-
ess at the earliest possible time.
(2) Participate in the scoping proc-
ess (described below in ? 1501.7).
(3) Assume on request of the lead
agency responsibility for developing
information and preparing environ-
mental analyses including portions
of the environmental impact state-
ment concerning which the cooper-
ating agency has special expertise.
(4) Make available staff support at
the lead agency's request to enhance
C A-RPAR 5-00759E 000100180007-0
he rs nterd interdisciplinary capabil-
ity.
(5) Normally use its own funds.
The lead agency shall, to the extent
available funds permit, fund those
major activities or analyses it re-
quests 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 envi-
ronmental impact statement (de-
scribed in paragraph (b) (3), (4), or
(5) of this section) reply that other
program commitments preclude any
involvement or the degree of involve-
ment requested in the action that is
the subject of the environmental
impact statement. A copy of this
reply shall be submitted to the
Council.
? 1501.7 Scoping.
There shall be an early and open
process for determining the scope of
issues to be addressed and for identi-
fying the significant issues related to
a proposed action. This process shall
be termed scoping. As soon as practi-
cable after its decision to prepare an
environmental impact statement and
before the scoping process the lead
agency shall publish a notice of
intent (? 1508.22) in the FEDERAL.
REGISTER except as provided in
? 1507.3(e).
(a) As part of the scoping process
the lead agency shall:
(1) Invite the participation of af-
fected Federal, State, and local agen-
cies, 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 ? 1507.3(c). An agency may
give notice in accordance with
? 1506.6.
(2) Determine the scope (? 1508.25)
and the significant issues to be ana-
lyzed in depth in the environmental
impact statement.
(3) Identify and eliminate from de-
tailed study the issues which are not
significant or which have been cov-
ered by prior environmental review
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(? 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 else-
where.
(4) Allocate assignments for prepa-
ration, of the environmental impact
statement among the lead and coop-
erating agencies, with the lead
agency retaining responsibility for
the statement.
(5) Indicate any public environ-
mental assessments and other envi-
ronmental 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 require-
ments so the lead and cooperating
agencies may prepare other required
analyses and studies concurrently
with, and integrated with. the envi-
ronmental impact statement as pro-
vided in ? 1502.25.
(7) Indicate the relationship be-
tween the timing of the preparation
of environmental analyses and the
agency's tentative planning and deci-
sionmaking schedule.
(b) As part of the scoping process
the lead agency may:
(1) Set page limits on environmen-
tal documents (? 1502.7).
(2) Set time limits (? 1501.8).
(3) Adopt procedures under
? 1507.3 to combine its environmen-
tal assessment process with its scop-
ing process.
(4) Hold an early scoping meeting
or meetings which may be integrated
with any other early planning meet-
ing 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 de-
terminations made under para-
graphs (a) and (b) of this section if
substantial changes are made later
in the proposed action, or if signifi-
cant new circumstances or informa-
tion arise which bear on the propos-
al or its impacts.
CIA-RDP85-00759R000100180007-0
? 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 en-
couraged to set time limits appropri-
ate to individual actions (consistent
with the time intervals required by
? 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 es-
sential 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 conse-
quences of delay.
(v) Number of persons and agen-
cies affected.
(vi) Degree to which relevant in-
formation 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 state-
ment.
(iii) Preparation of the draft envi-
ronmental impact statement.
(iv) Review of any comments on
the draft environmental impact
statement from the public and agen-
cies.
(v) Preparation of the final envi-
ronmental impact statement;.
(vi) Review of any comments on
the final environmental impact
statement.
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(vii) Decision on the action based insure t at t e policies an goals e-
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 responsi-
bilities) to expedite the NEPA proc-
ess.
(c) State or local agencies or mem-
bers of the public may request a
Federal Agency to set time limits.
PART 1502-ENVIRONMENTAL
IMPACT STATEMENT
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 Pro-
posed Action.
1502.15 Affected Environment.
1502.16 Environmental Consequences.
1502.17 List of Preparers.
1502.18 Appendix.
1502.19 Circulation of the Environmen-
tal Impact Statement.
1502.20 Tiering.
1502.21 Incorporation by Reference.
1502.22 Incomplete or Unavailable In-
formation.
1502.23 Cost-Benefit Analysis.
1502.24 Methodology and Scientific
Accuracy.
1502.25 Environmental Review and Con-
sultation Requirements.
AUTHORITY: 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 Environ-
mental Quality (March 5, 1970, as amend-
ed by Executive Order 11991, May 24,
1977).
? 1502.1 Purpose.
The primary purpose of an envi-
ronmental impact statement is to
serve as an action-forcing device to
fined in the Act are infused into the
ongoing programs and actions of the
Federal Government. It shall pro-
vide full and fair discussion of sig-
nificant environmental impacts and
shall inform decisionmakers and the
public of the reasonable alternatives
which would avoid or minimize ad-
verse impacts or enhance the quality
of the human environment. Agencies
shall focus on significant environ-
mental issues and alternatives and
shall reduce paperwork and the ac-
cumulation of extraneous back-
ground 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 environ-
mental impact statement is more
than a disclosure document. It shall
be used by Federal officials in con-
junction with other relevant materi-
al to plan actions and make deci-
sions.
? 1502.2 Implementation.
To achieve the purposes set forth
in ? 1502.1 agencies shall prepare en-
vironmental impact statements in
the following manner:
(a) Environmental impact state-
ments 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 discus-
sion to show why more study is not
warranted.
(c) Environmental impact state-
ments shall be kept concise and shall
be no longer than absolutely neces-
sary to comply with NEPA and with
these regulations. Length should
vary first with potential environ-
mental problems and then with proj-
ect size.
(d) Environmental impact state-
ments shall state how alternatives
considered in it and decisions based
on it will or will not achieve the re-
quirements of sections 101 and
102(1) of the Act and other environ-
mental laws and policies.
(e) The range of alternatives dis-
cussed in environmental impact
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Statements sh encompass ose to propos s in one o e ollowing
be considered by the ultimate
agency decisionm.aker.
(f) Agencies shall not commit re-
sources prejudicing selection of al-
ternatives before making a final de-
cision (? 1506.1).
(g) Environmental impact state-
ments shall serve as the means of as-
sessing the environmental impact of
proposed agency actions, rather
than justifying decisions already
made.
? :1502.3 Statutory requirements for
statements.
As required by sec. 102(2)(C) of
NEPA environmental impact state-
ments (? 1508.11) are to be included
in every recommendation or report
On proposals (I 1508.23)
For legislation and (? 1508.17)
Other major Federal actions
(11508.18)
Significantly (* 1508.27)
Affecting (?? 1508.3, 1508.8)
The quality of the human environ-
ment ($ 1508.14).
? :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 (? 1508.25) to
determine which proposal(s) shall be
the subject of a particular state-
ment. Proposals or parts of propos-
als which are related to each other
closely enough to be, in effect, a
single course of action shall be eval-
uated in a single impact statement.
(b) Environmental impact state-
ments may be prepared, and are
sometimes required, for broad Feder-
al actions such as the adoption of
new agency programs or regulations
(? 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 deci-
stonmaking.
(c) When preparing statements on
broad actions (including proposals
by more than one agency), agencies
may find it useful to evaluate the
ways:
(1) Geographically, including ac-
tions occurring in the same general
location, such as body of water,
region, or metropolitan area.
(2) Generically, including actions
which have relevant similarities,
such as common timing, impacts, al-
ternatives, methods of implementa-
tion, media, or subject matter.
(3) By stage of technological devel-
opment including federal or federal-
ly 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 in-
vestment or commitment to imple-
mentation likely to determine subse-
quent development or restrict later
alternatives.
(d) Agencies shall as appropriate
employ scoping (? 1501.7), tiering
(? 1502.20), and other methods listed
in ?? 1500.4 and 1500.5 to relate
broad and narrow actions and to
avoid duplication and delay.
? 1502.5 Timing.
An agency shall commence prepa-
ration of an environmental impact
statement as close as possible to the
time the agency is developing or is
presented with a proposal (? 1508.23)
so that preparation can be complet-
ed in time for the final statement to
be included in any recommendation
or report on the proposal. The state-
ment shall be prepared early enough
so that it can serve practically as an
important contribution to the deci-
sionmaking process and will not be
used to rationalize or justify deci-
sions already made (.?? 1500.2(c),
1501.2, and 1502.2). For instance:
(a) For projects directly undertak-
en by Federal agencies the environ-
mental impact statement shall be
prepared at the feasibility analysis
(go-no go) stage and may be supple-
mented at a later stage if necessary.
(b) For applications to the agency
appropriate environmental assess-
ments or statements shall be com-
menced no later than immediately
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Federal agencies are encouraged to
begin preparation of such assess-
ments or statements earlier, prefer-
ably jointly with applicable State or
local agencies.
(c) For adjudication, the final envi-
ronmental impact statement shall
normally precede the final staff rec-
ommendation and that portion of
the public hearing related to the
impact study. In appropriate circum-
stances the statement may follow
preliminary hearings designed to
gather information for use in the
statements.
(d) For informal rulemaking the
draft environmental impact state-
ment shall normally accompany the
proposed rule.
? 1502.6 Interdisciplinary preparation.
Environmental impact statements
shall be prepared using an interdis-
ciplinary approach which will insure
the integrated use of the natural
and social sciences and the environ-
mental 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 (? 1501.7).
? 1502.7 Page limits.
The text of final environmental
impact statements (e.g., paragraphs
(d) through (g) of ? 1502.10) shall
normally be less than 150 pages and
for proposals of unusual scope or
complexity shall normally be less
than 300 pages.
? 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. Agen-
cies 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 sci-
ences and the environmental design
arts.
? 1502.9 Draft, final, and supplemental
statements.
Except for proposals for legislation
as provided in ? 1506.8 environmen-
pared in two stages and may be sup-
plemented.
(a) Draft environmental impact
statements shall be prepared in ac-
cordance with the scope decided
upon in the scoping process. The
lead agency shall work with the co-
operating 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 es-
tablished for final statements in sec-
tion 102(2)(C) of the Act. If a draft
statement is so inadequate as to pre-
clude meaningful analysis, the
agency shall prepare and circulate a
revised draft of the appropriate por-
tion. The agency shall make every
effort to disclose and discuss at ap-
propriate points in the draft state-
ment all major points of view on the
environmental impacts of the alter-
natives including the proposed
action.
(b) Final environmental impact
statements shall respond to com-
ments as required in Part 1503 of
this chapter. The agency shall dis-
cuss at appropriate points in the
final statement any responsible op-
posing view which was not adequate-
ly discussed in the draft statement
and shall indicate the agency's re-
sponse to the issues raised.
(c) Agencies:
(1) Shall prepare supplements to
either draft or final environmental
impact statements if:
(1) The agency makes substantial
changes in the proposed action that
are relevant to environmental con-
cerns; or
(ii) There are significant new cir-
cumstances or information relevant
to environmental concerns and bear-
ing on the proposed action or its im-
pacts.
(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 in-
troducing a supplement into its
formal administrative record, if such
a record exists.
(4) Shall prepare, circulate, and
file a supplement to a statement in
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the same fashion (exclusive of scop- agency who can supply further
ing) as a draft and final statement formation.
unless alternative procedures are ap- (d) A designation of the statement
proved by the Council. as a draft, final, or draft or final sup-
plement.
? 1502.10 Recommended format. (e) A one paragraph abstract of
Agencies shall use a format for en- the statement.
vironmental impact statements (f) The date by which comments
which will encourage' good analysis must be received (computed in coop-
and clear presentation of the alter- eration with EPA under ? 1506.10).
natives including the proposed The information required by this
action. The following standard section may be entered on Standard
format for environmental impact Form, 424 (in items 4, 6, 7, 10, and
statements should be followed unless 18).
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 Pro-
posed Action (secs. 102(2)(C)(iii) and
102(2)(E) of the Act).
(f) Affected Environment.
(g) Environmental Consequences
(especially sections 102(2)(C) (1), (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 sec-
tion, as further described in
?? 1502.11-1502.18, in any appropri-
ate format.
? 1502.1:1 Cover sheet.
The cover sheet shall not exceed
one page. It shall include:
(a) A. list of the responsible agen-
cies 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 Jurisdic-
tion if applicable) where the action
is located.
(c) The name, address, and tele-
phone number of the person at the
? 1502.12 Summary.
Each environmental impact state-
ment shall contain a summary which
adequately and accurately summa-
rizes 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 among alterna-
tives). The summary will normally
not exceed 15 pages.
? 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.
? 1502.14 Alternatives including ,:he pro-
posed action.
This section is the heart of the en-
vironmental impact statement.
Based on the information and analy-
sis presented in the sections on the
Affected Environment (?1502.15)
and the Environmental Conse-
quences (? 1502.16), it should present
the environmental impacts of the
proposal ; and the alternatives in
comparative form, thus sharply de-
fining 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 objec-
tively evaluate all reasonable alter-
natives, 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
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sot ~tpre ewers may eva ua e
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.
? 1502.15 Affected environment.
The environmental impact state-
ment shall succinctly describe the
environment of the area(s) to be af-
fected or created by the alternatives
under consideration. The descrip-
tions shall be no longer than is nec-
essary to understand the effects of
the alternatives. Data and analyses
in a statement shall be commensu-
rate with the importance of the
impact, with less important material
summarized, consolidated, or simply
referenced. Agencies shall avoid use-
less bulk in statements and shall
concentrate effort and attention on
important issues. Verbose descrip-
tions of the affected environment
are themselves no measure of the
adequacy of an environmental
impact statement.
? 1502.16 Environmental consequences.
This section forms the scientific
and analytic basis for the compari-
sons under ? 1502.14. It shall consoli-
date the discussions of those ele-
ments required by secs. 102(2)(C) (I),
(ii), (iv), and (v) of NEPA which are
within the scope of the statement
and as much of sec. 102(2)(C)(iii) as
is necessary to support the compari-
sons. The discussion will include the
environmental impacts of the alter-
natives 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 irre-
ments of resources which would be
involved in the proposal should it be
implemented. This section should
not duplicate discussions in
? 1502.14. It shall include discussions
of:
(a) Direct effects and their signifi-
cance (? 1508.8).
(b) Indirect effects and their sig-
nificance (? 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 ? 1506.2(d).)
(d) The environmental effects of
alternatives i cluding the proposed
action. The comparisons under
? 1502.14 will be based on this discus-
sion.
(e) Energy requirements and con-
servation potential of various alter-
natives and mitigation measures.
(f) Natural or depletable resource
requirements and conservation po-
tential of various alternatives and
mitigation measures.
(g) Urban quality, historic and cul-
tural 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 envi-
ronmental impacts (if not fully cov-
ered under ? 1502.14(f)).
? 1502.17 List of preparers.
The environmental impact state-
ment shall list the names, together
with their qualifications (expertise,
experience, professional disciplines),
of the persons who were primarily
responsible for preparing the envi-
ronmental impact statement or sig-
nificant background papers, includ-
ing basic components of the state-
ment (?? 1502.6 and 1502.8). Where
possible the persons who are respon-
sible for a particular analysis, includ-
ing analyses in background papers,
shall be identified. Normally the list
will not exceed two pages.
? 1502.18 Appendix.
If an agency prepares an appendix
to an environmental impact state-
ment the appendix shall:
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(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 refer-
ence! (? 1502.21)).
(b) Normally consist of material
which substantiates any analysis
fundamental to the impact state-
ment.
(c) Normally be analytic and rele-
vant to the decision to be made.
(d) Be circulated with the environ-
mental impact statement or be readi-
ly available on request.
? 1502.19 Circulation of the environ-
mental impact statement.
Agencies shall circulate the entire
draft and final environmental
impact statements except for certain
appendices as provided in
? 1502.18(d) and unchanged state-
ments as provided in ? 1503.4(c).
However, if the statement is unusu-
ally long, the agency may circulate
the summary instead, except that
the entire statement shall be fur-
nished to:
(a) Any Federal agency which has
jurisdiction by law or special exper-
tise with respect to any environmen-
tal impact involved and any appro-
priate 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 envi-
ronmental impact statement.
(d) In the case of a final environ-
mental impact statement any
person, organization, or agency
which submitted substantive com-
ments on the draft.
If the agency circulates the sum-
mary and thereafter receives a
timely request for the entire state-
ment and for additional time to com-
ment, the time for that requestor
only ,shall be extended by at least 15
days beyond the minimum period.
? 1502.20 Tiering.
Agencies are encouraged to tier
their environmental impact state-
ments to eliminate repetitive discus-
sions of the same issues and to focus
on the actual issues ripe for decision
at each level of environmental
review (? 1508.28). Whenever a broad
environmental impact statement has
been prepared (such as a program or
policy statement) and a subsequent
statement or environmental assess-
ment 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 incorpo-
rate discussions from the broader
statement by reference and shall
concentrate on the issues :specific to
the subsequent action. The subse-
quent document shall state where
the earlier document is available.
Tiering may also be appropriate for
different stages of actions. (Sec.
1508.28).
? 1502.21 Incorporation by reference.
Agencies shall incorporate materi-
al 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 incorporat-
ed material shall be cited in the
statement and its content briefly de-
scribed. No material may be incorpo-
rated by reference unless it is rea-
sonably available for inspection by
potentially interested persons within
the time allowed for comment. Mate-
rial based on proprietary data which
is itself not available for review and
comment shall not be incorporated
by reference.
? 1502.22 Incomplete or unavailable in-
formation.
When an agency is evaluating sig-
nificant adverse effects on the
human environment in an environ-
mental impact statement and there
are gaps in relevant information or
scientific uncertainty, the agency
shall always make clear that such in-
formation is lacking or that uncer-
tainty exists.
(a) If the information relevant to
adverse impacts is essential to a rea-
soned choice among alternatives and
is not known and the overall costs of
obtaining it are not exorbitant, the
agency shall include the information
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in the environmental impact state- analyses in env ronmenta mpac
ment. statements. They shall identify any
(b) If (1) the information relevant methodologies used and shall make
to adverse impacts is essential to a explicit reference by footnote to the
reasoned choice among alternatives scientific and other sources relied
and is not known and the overall upon for conclusions in the state-
costs of obtaining it are exorbitant ment. An agency may place discus-
or (2) the information relevant to sion of methodology in an appendix.
adverse impacts is important to the
decision and the means to obtain it ? 1502.25 Environmental review and
are not known (e.g., the means for consultation requirements.
obtaining it are beyond the state of (a) To the fullest extent possible,
the art) the agency shall weigh the agencies shall prepare draft environ-
need for the action against the risk mental impact statements concur-
pacts were severity the e of possible action tion t to proceed ee a im- in rently with and integrated with envi-
pronmental impact analyses and re-
the face of uncertainty. If the lated surveys and studies required by
agency proceeds, it shall include a the Fish and Wildlife Coordination
worst case analysis and an indication Act (16 U.S.C. Sec. 661 et seq.), the
of the probability or improbability National Historic Preservation Act
of its occurrence. of 1966 (16 U.S.C. Sec. 470 et seq.),
? 1502.23 Cost-benefit analysis.
If a cost-benefit analysis relevant
to the choice among environmental-
ly different alternatives is being con-
sidered for the proposed action, it
shall be incorporated by reference or
appended to the statement as an aid
in evaluating the environmental con-
sequences. To assess the adequacy of
compliance with sec. 102(2)(B) of the
Act the statement shall, when a cost-
benefit analysis is prepared, discuss
the relationship between that analy-
sis and any analyses of unquantified
environmental impacts, values, and
amenities. For purposes of comply-
ing 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 impor-
tant qualitative considerations. In
any event, an environmental impact
statement should at least indicate
those considerations, including fac-
tors not related to environmental
quality, which are likely to be rele-
vant and important to a decision.
? 1502.24 Methodology and scientific ac-
curacy.
Agencies shall insure the profes-
sional integrity, including scientific
integrity, of the discussions and
the Endangered Species Act of 1973
(16 U.S.C. Sec. 1531 et seq.), and
other environmental review laws and
executive orders.
(b) The draft environmental
impact statement shall list all Feder-
al permits, licenses, and other enti-
tlements which must be obtained in
implementing the proposal. If it is
uncertain whether a Federal permit,
license, or other entitlement is nec-
essary, the draft environmental
impact statement shall so indicate.
PART 1503-COMMENTING
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.), Section
309 of the Clean Air Act, as amended (42
U.S.C. 7609), and Executive Order 11514,
Protection and Enhancement of Environ-
mental Quality (March 5, 1970, as amend-
ed by Executive Order 11991, May 24,
1977).
? 1503.1 Inviting comments.
(a) After preparing a draft envi-
ronmental impact statement and
before preparing a final environmen-
tal impact statement the agency
shall:
(1) Obtain the comments of any
Federal agency which has Jurisdic-
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~on uy law or special expertise with ? 1503.3 Specificity of comments.
respect to any environmental impact
involved or which is authorized to
develop and enforce environmental
standards.
(2) Request the comments of:
(1) Appropriate State and local
agencies which are authorized to de-
velop and enforce environmental
standards;
(ii) Indian tribes, when the effects
may be on a reservation; and
(iii) Any agency which has request-
ed that it receive statements on ac-
tions 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 se-
curing State and local reviews of the
draft environmental impact state-
ments.
(3) Request comments from the
applicant, if any.
(4) Request comments from the
public, affirmatively soliciting com-
ments from those persons or organi-
zations who may be interested or af-
fected.
(b) An agency may request com-
ments on a final environmental
impact statement before the decision
is finally made. In any case other
agencies or persons may make com-
ments before the final decision
unless a different time is provided
? 1503.2 Duty to comment.
Federal agencies with jurisdiction
by law or special expertise with re-
spect to any environmental impact
involved and agencies which are au-
thorized to develop and enforce envi-
ronmental standards shall comment
on statements within their jurisdic-
tion, expertise, or authority. Agen-
cies shall comment within the time
period specified for comment in
? 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 state-
ment, it should reply that it has no
comment.
(a) Comments on an environmen-
tal impact statement or on a pro-
posed 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 alterna-
tive methodology which it prefers
and why.
(c) ,A cooperating agency shall
specify in its comments whether it
needs additional information to ful-
fill other applicable environmental
reviews or consultation requirements
and what information it needs. In
particular, it shall specify any addi-
tional information it needs to com-
ment adequately on the draft state-
ment's analysis of significant site-
specific effects associated with the
granting or approving by that coop-
erating agency of necessary Federal
permits, licenses, or entitlements.
(d) When a cooperating agency
with jurisdiction by law objects to or
expresses reservations about the pro-
posal on grounds of environmental
impacts, the agency expressing the
objection orreservation shall specify
the mitigation measures it considers
necessary to allow the agency to
grant or approve applicable permit,
license, or related requirements or
concurrences.
? 1503.4 Response to comments.
(a) An agency preparing a final en-
vironmental 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 re-
sponse in the final statement. Possi-
ble responses are to:
(1) Modify alternatives including
the proposed action.
(2) Develop and evaluate alterna-
tives 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
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sponse, citing the sources, authori-
ties, 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 re-
ceived on the draft statement (or
summaries thereof where the re-
sponse has been exceptionally volu-
minous), should be attached to the
final statement whether or not the
comment is thought to merit individ-
ual discussion by the agency in the
text of the statement.
(c) If changes in response to com-
ments are minor and are confined to
the responses described in para-
graphs (a) (4) and (5) of this section,
agencies may write them on errata
sheets and attach them to the state-
ment 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 (? 1502.19). The
entire document with a, new cover
sheet shall be filed as the final state-
ment (? 1506.9).
PART 1504-PREDECISION REFER-
RALS TO THE COUNCIL OF PRO-
POSED FEDERAL ACTIONS
DETERMINED TO BE ENVIRON-
MENTALLY UNSATISFACTORY
Sec.
1504.1 Purpose.
1504.2 Criteria for Referral.
1504.3 Procedure for Referrals and Re-
sponse.
AUTHORITY: 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 Environ-
mental Quality (March 5, 1970, as amend-
ed by Executive Order 11991, May 24,
1977).
? 1504.1 Purpose.
(a) This part establishes proce-
dures for referring to the Council
Federal interagency disagreements
actions that might cause unsatisfac-
tory environmental effects. It pro-
vides means for early resolution of
such disagreements.
(b) Under section 309 of the Clean
Air Act (42 U.S.C. 7609), the Admin-
istrator of the Environmental Pro-
tection Agency is directed to review
and comment publicly on the envi-
ronmental impacts of Federal activi-
ties, including actions for which en-
vironmental impact statements are
prepared. If after this review the Ad-
ministrator determines that the
matter is "unsatisfactory from the
standpoint of public health or wel-
fare or environmental quality," sec-
tion 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 environmen-
tal impact statements, including
judgments on the acceptability of
anticipated environmental impacts.
These reviews must be made availa-
ble to the President, the Council and
the public.
? 1504.2 Criteria for referral.
Environmental referrals should be
made to the Council only after con-
certed, timely (as early as possible in
the process), but unsuccessful at-
tempts 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 environmen-
tal 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.
? 1504.3 Procedure for referrals and re-
sponse.
(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.
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ferring agency's comments on the
draft environmental impact state-
ment, except when the statement
does not contain adequate informa-
tion to permit an assessment of the
matter's environmental acceptabil-
ity.
(3) Identify any essential informa-
tion 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 de-
liver 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 exten-
sion 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 inform-
ing the lead agency of the referral
and the reasons for it, and request-
ing that no action be taken to imple-
ment the matter until the Council
acts upon the referral. The letter
shall include a copy of the statement
referred to in (c)(2) below.
(2) A statement supported by fac-
tual evidence leading to the conclu-
sion that the matter is unsatisfac-
tory from the standpoint of public
health or welfare or environmental
quality. The statement shall:
(i) Identify any material facts in
controversy and incorporate (by ref-
erence if appropriate) agreed upon
facts,
(ii) :Identify any existing environ-
mental 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 re-
sources or policies or for some other
reason,
(v) Review the steps taken by the
referring agency to bring its con-
agency at the earliest possible time,
and
(vi) Give the referring agency's
recommendations as to what; mitiga-
tion alternative, further study, or
other course of action (including
abandonment of the matter) are nec-
essary to remedy the situation.
(d) Not later than twenty-five (25)
days after the referral to the Coun-
cil the lead agency may deliver a re-
sponse to the Council and the refer-
ring agency. If the lead agency re-
quests more time and gives assur-
ance that the matter will not go for-
ward in the interim, the Council
may grant an extension. The re-
sponse 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 recommen-
dations.
(e) Interested persons (including
the applicant) may deliver their
views in writing to the Council.
Views in support of the referral
should be delivered 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 refer-
ral and any response or upon being
informed that there will be no re-
sponse (unless the lead agency
agrees to a longer time), the Council
may take one or more of the follow-
ing actions:
(1) Conclude that the process of
referral and response has successful-
ly resolved the problem.
(2) Initiate discussions with the
agencies with the objective of media-
tion with referring and lead agen-
cies.
(3) Hold public meetings or hear-
ings to obtain additional views and
information.
(4) Determine that the issue is not
one of national -importance and re-
quest 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 consid-
eration until one or more heads of
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 JR
075 R0100180007-0
C.4uVse41e~8y ee 8gg/c111 /&at CIA
g t a he NEPA process
the agencies' disagreements are irre- corresponds with them.
concilable. (c) R i i
(6) Publish its findings and recom-
mendations (including where appro-
priate a finding that the submitted
evidence does not support the posh
tion 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 de-
termined on the record after oppor-
tunity for agency hearing, the refer-
ral shall be conducted in a manner
consistent with 5 U.S.C. 557(d) (Ad-
ministrative Procedure Act).
PART 1505-NEPA AND AGENCY
DECISIONMAKING
Sec.
1505.1 Agency decisionmaking proce-
dures.
1505.2 Record of decision in cases re-
quiring environmental impact state-
ments.
1505.3 Implementing the decision.
AUTHORITY: 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 Environ-
mental Quality (March 5, 1970, as amend-
ed by Executive Order 11991, May 24,
1977).
? 1505.1 Agency decisionmaking proce-
dures.
Agencies shall adopt procedures
(? 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 pro-
grams likely to have a significant
effect on the human environment
n
equ r r, that relevant envi-
ronmental documents, comments,
and responses be part of the record
in formal rulemaking or adjudica-
tory proceedings.
(d) Requiring that relevant envi-
ronmental documents, comments,
and responses accompany the pro-
posal 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 alter-
natives discussed in the relevant en-
vironmental documents and that the
decisionmaker consider the alterna-
tives described in the environmental
impact statement. If another deci-
sion document accompanies the rele-
vant environmental documents to
the decisionmaker, agencies are en-
couraged to make available to the
public before the decision is made
any part of that document that re-
lates to the comparison of alterna.
tives.
? 1505.2 Record of decision in cases re-
quiring environmental impact state-
ments.
At the time of its decision
(? 1506.10) or, if appropriate, its rec-
ommendation 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, in-
cluding that required by OMB Circu-
lar 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 consid-
ered by the agency in reaching its
decision, specifying the alternative
or alternatives which were consid-
ered to be environmentally prefer-
able. An agency may discuss prefer-
ences 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
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 those considerations entered into its
decision.
(c) State whether all practicable
means to avoid or minimize environ.
mental harm from the alternative
selected have been adopted, and if
not, why they were not. A monitor-
ing and enforcement program shall
be adopted and summarized where
applicable for any mitigation.
? 1505.3 Implementing the decision.
Agencies may provide for monitor-
ing to assure that their decisions are
carried out and should do so in im-
portant cases. Mitigation
(? 1505.2(c)) and other conditions es-
tablished 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 appro-
vals.
(b) Condition funding of actions
on mitigation.
(c) Upon request, inform cooperat-
ing or commenting agencies on prog-
ress in carrying out mitigation meas-
ures 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
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.), Section
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309 of the Clean r c , as am
U.S.C. 7609), and Executive Order 11514,
Protection and Enhancement of Environ-
mental Quality (March 5, 1970, as amend-
ed by Executive Order 11991, May 24,
1977).
? 1506.1 Limitations on actions during
NEPA process.
(a) Until an agency issues a record
of decision as provided in ? 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 appli-
cant 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 pro-
gram environmental impact state-
ment is in progress and the action is
not covered by an existing program
statement, agencies shall not under-
take in the interim any major Feder-
al 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 ade-
quate environmental impact state-
ment; and
(3) Will not prejudice the ultimate
decision on the program. Interim
action prejudices the ultimate deci-
sion 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 appli-
cation for Federal, State or local per-
mits or assistance. Nothing in this
section shall preclude Rural Electri-
fication Administration approval of
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minimal expenditures not affecting cy o a proposed act on with any ap-
the environment (e.g. long leadtime proved State or local plan and laws
equipment and purchase options) (whether or not federally sanc-
made by non-governmental entities tioned). Where an inconsistency
seeking loan guarantees from the exists, the statement should describe
Administration. the extent to which the agency
? 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 ful-
lest extent possible to reduce dupli-
cation between NEPA and State and
local requirements, unless the agen-
cies 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 stat-
ute).
(4) Joint environmental assess-
ments.
(c) Agencies shall cooperate with
State and local agencies to the ful-
lest extent possible to reduce dupli-
cation between NEPA and compara-
ble 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 environ-
mental impact statements. In such
cases one or more Federal agencies
and one or more State or local agen-
cies shall be Joint lead agencies.
Where State laws or local ordinances
have environmental impact state-
ment requirements in addition to
but not in conflict with those in
NEPA, Federal agencies shall coop-
erate 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 environ-
mental impact statements into State
or local planning processes, state-
ments shall discuss any inconsisten-
would reconcile its proposed action
with the plan or law.
? 1506.3 Adoption.
(a) An agency may adopt a Federal
draft or final environmental impact
statement or portion thereof pro-
vided that the statement or portion
thereof meets the standards for an
adequate statement under these reg-
ulations.
(b) If the actions covered by the
original environmental impact state-
ment 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. Other-
wise the adopting agency shall treat
the statement as a draft and recircu-
late it (except as provided in para-
graph (c) of this section).
(c) A cooperating agency may
adopt without recirculating the envi-
ronmental impact statement of a
lead agency when, after an inde-
pendent review of the statement, the
cooperating agency concludes that
its comments and suggestions have
been satisfied.
(d) When an agency adopts a state-
ment 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 sub-
ject of a Judicial action which is not
final, the agency shall so specify.
? 1506.4 Combining documents.
Any environmental document in
compliance with NEPA may be com-
bined with any other agency docu-
ment to reduce duplication and pa-
perwork.
? 1506.5 Agency responsibility.
(a) Information. If an agency re-
quires an applicant to submit envi-
ronmental 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
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information required. The agency to prohibit any person from. submit-
shall independently evaluate the in- ting information to any agency.
formation submitted and shall be re-
sponsible for its accuracy. If the
agency chooses to use the informa-
tion submitted by the applicant in
the environmental impact state-
ment, either directly or by reference,
then the names of the persons re-
sponsible for the independent evalu-
ation shall be included in the list of
preparers (? 1502.17). It is the intent
of this subparagraph 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 assess-
ment, the agency, besides fulfilling
the requirements of paragraph (a) of
this section, shall make its own eval-
uation of the environmental issues
and take responsibility for the scope
and content of the environmental as-
sessment.
(c) Environmental impact state-
ments. Except as provided in
?? 1506.2 and 1506.3 any environmen-
tal impact statement prepared pur-
suant to the requirements of NEPA
shall be prepared directly by or by a
contractor selected by the lead
agency or where appropriate under
? 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 cooperat-
ing agencies, or where appropriate
by a cooperating agency to avoid any
conflict of interest. Contractors shall
execute a disclosure statement pre-
pared by the lead agency, or where
appropriate the cooperating agency,
specifying that they have no finan-
cial or other interest in the outcome
of the project. If the document is
prepared by contract, the responsi-
ble Federal official shall furnish
guidance and participate in the prep-
aration 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
? 1506.6 Public involvement.
Agencies shall: (a) Make diligent
efforts to involve the public in pre-
paring and implementing their
NEPA procedures.
(b) Provide public notice of NEPA-
related hearings, public meetings,
and the availability of environmen-
tal documents so as to inform those
persons and agencies who may be in-
terested or affected.
(1) In all cases the agency shall
mail notice to those who have re-
quested it on an individual action.
(2) In the case of an action with ef-
fects of national concern notice shall
include publication in the FEDERAL
REGISTER and notice by mail to na-
tional organizations reasonably ex-
pected to be interested in the matter
and may include listing in the 102
Monitor. An agency engaged in rule-
making 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 ef-
fects 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 compa-
rable actions.
(iv) Publication in local newspa-
pers (in papers of general circulation
rather than legal papers).
(v) Notice through other local
media.
(vi) Notice to potentially interest-
ed community organizations includ-
ing small business associations.
(vii) Publication in newsletters
that may be expected to reach po-
tentially 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 appro-
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pr rate or in accordance with statuto- (c) In conjunction with the Envi-
ry requirements applicable to the ronmental Protection Agency and
agency. Criteria shall include wheth- the publication of the 102 Monitor,
er there is: notice of:
(1) Substantial environmental con- (1) Research activities;
troversy concerning the proposed (2) Meetings and conferences relat-
action or substantial interest in ed to NEPA; and
holding the hearing. (3) Successful and innovative pro-
(2) A request for a hearing by an- cedures used by agencies to imple-
other agency with jurisdiction over ment NEPA.
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 state-
ment available to the public at least
15 days in advance (unless the pur-
pose of the hearing is to provide in-
formation for the draft environmen-
tal impact statement).
(d) Solicit appropriate information
from the public.
(e) Explain in its procedures where
interested persons can get informa-
tion or status reports on environ-
mental impact statements and other
elements of the NEPA process.
(f) Make environmental impact
statements, the comments received,
and any underlying documents avail-
able to the public pursuant to the
provisions of the Freedom of Infor-
mation Act (5 U.S.C. 552), without
regard to the exclusion for inter-
agency memoranda where such
memoranda transmit comments of
Federal agencies on the environmen-
tal 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 repro-
ducing copies required to be sent to
other Federal agencies, including the
Council.
? 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 pro-
vide guidance and instructions con-
cerning the application of NEPA and
these regulations.
(b) Publication of the Council's
Memoranda to Heads of Agencies.
? 1506.8 Proposals for legislation.
(a) The NEPA process for propos-
als for legislation (? 1508.17) signifi-
cantly affecting the quality of the
human environment shall be inte-
grated with the legislative process of
the Congress. A legislative environ-
mental impact statement is the de-
tailed statement required by law to
be included in a recommendation or
report on a legislative proposal to
Congress. A legislative environmen-
tal impact statement shall be consid-
ered 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 Congres-
sional debate. The statement must
be available in time for Congression-
al hearings and deliberations.
(b) Preparation of a legislative en-
vironmental 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 consid-
ered the "detailed statement" re-
quired by statute; Provided, That
when any of the following conditions
exist both the draft and final envi-
ronmental impact statement on the
legislative proposal shall be prepared
and circulated as provided by
?? 1503.1 and 1506.10.
(i) A Congressional Committee
with jurisdiction over the proposal
has a rule requiring both draft and
final environmental impact state-
ments.
(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.
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1271 et seq.) and the Wilderness Act
(16 U.S.C. 1131 et seq.)).
(iii) Legislative approval is sought
for Federal or federally assisted con-
struction or other projects which the
agency recommends be located at
specific geographic locations. For
proposals requiring an environmen-
tal impact statement for the acquisi-
tion 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 juris-
diction.
? 1506.9 Filing requirements.
Environmental impact statements
together with comments and re-
sponses shall be filed with the Envi-
ronmental Protection Agency, atten-
tion Office of Federal Activities (A-
104), 401 M Street SW., Washington,
D.C. 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 ? 1506.10 below.
? 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 ? 1505.2 by a Federal agency
until the later of the following dates:
(1) Ninety (90) days after publica-
tion of the notice described above in
paragraph (a) of this section for a
draft environmental impact. state-
ment.
(2) Thirty (30) days after publica-
tion of the notice described above in
paragraph (a) of this section for a
final environmental impact state-
ment.
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 ap-
peals 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 para-
graph (b)(2) of this section may run
concurrently. In such cases the envi-
ronmental impact statement shall
explain the timing and the public's
right of appeal. An agency engaged
in rulemaking under the Administra-
tive 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 environmen-
tal 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 envi-
ronmental impact statement is filed
with the Environmental Protection
Agency, the minimum thirty (30)
day period and the minimum ninety
(90) day period may run concurrent-
ly. However, subject to paragraph
(d) of this section agencies shall
allow not less than 45 days for com-
ments on draft statements.
(d) The lead agency may extend
prescribed periods. The Environmen-
tal Protection Agency may upon a
showing by the lead agency of com-
pelling reasons of national policy
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may upon a showing by any other nothing shall prevent an agency
Federal agency of compelling rea-
sons of national policy also extend
prescribed periods, but only after
consultation with the lead agency.
(Also see ? 1507.3(d).) Failure to file
timely comments shall not be a suffi-
cient reason for extending a period.
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.
? 1506.11 Emergencies.
Where emergency circumstances
make it necessary to take an action
with significant environmental
impact without observing the provi-
sions of these regulations, the Feder-
al agency taking the action should
consult with the Council about alter-
native arrangements. Agencies and
the Council will limit such arrange-
ments to actions necessary to control
the immediate impacts of the emer-
gency. Other actions remain subject
to NEPA review.
? 1506.12 Effective date.
The effective date of these regula-
tions is July 30, 1979, except that for
agencies that administer programs
that qualify under sec. 102(2)(D) of
the Act or under sec. 104(h) of the
Housing and Community Develop-
ment 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 effec-
tive date. These regulations do not
apply to an environmental impact
statement or supplement if the draft
statement was filed before the effec-
tive date of these regulations. No
completed environmental documents
need be redone by reason of these
regulations. Until these regulations
are applicable, the Council's guide-
lines published in the FEDERAL REG-
ISTER of August 1, 1973, shall contin-
ue to be applicable. In cases where
these regulations are applicable the
from proceeding under these regula-
tions at an earlier time.
(b) NEPA shall continue to be ap-
plicable to actions begun before Jan-
uary 1, 1970, to the fullest extent
possible.
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.), Section
309 of the Clean Air Act, as amended (42
U.S.C. 7609), and Executive Order 11514,
Protection and Enhancement of Environ-
mental Quality (March 5, 1970, as amend-
ed by Executive Order 11991, May 24,
1977).
? 1507.1 Compliance.
All agencies of the Federal Gov-
ernment shall comply with these
regulations. It is the intent of these
regulations to allow each agency
flexibility in adapting its implement-
ing procedures authorized by
? 1507.3 to the requirements of other
applicable laws.
? 1507.2 Agency capability to comply.
Each agency shall be capable (in
terms of personnel and other re-
sources) of complying with the re-
quirements enumerated below. Such
compliance may include use of
other's resources, but the using
agency shall itself have sufficient ca-
pability to evaluate what others do
for it. Agencies shall:
(a) Fulfill the requirements of Sec.
102(2)(A) of the Act to utilize a sys-
tematic, 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 proce-
dures required by Sec. 102(2)(B) to
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insure that presently unquantified lar information from app icants. e
environmental amenities and values procedures shall be adopted only
may be given appropriate considera- after an opportunity for public
tion. review and after review by the Coun-
(c) Prepare adequate environmen- cil for conformity with the Act and
tal impact statements pursuant to these regulations. The Council. shall
Sec. 102(2)(C) and comment on complete its review within 30 days.
statements in the areas where the Once in effect they shall be filed
agency has jurisdiction by law or with the Council and made readily
special expertise or is authorized to available to the public. Agencies are
develop and enforce environmental encouraged to publish explanatory
standards. guidance for these regulations and
(d) Study, develop, and describe al- their own procedures. Agencies shall
ternatives to recommended courses continue to review their policies and
of action in any proposal which in- procedures and in consultation with
neces
th
volves unresolved conflicts concern-
ing alternative uses of available re-
sources. This requirement of Sec.
102(2)(E) extends to all such propos-
als, not just the more limited scope
of Sec. 102(2)(C)(iii) where the dis-
cussion of alternatives is confined to
impact statements.
(e) Comply with the :requirements
of Sec. 102(2)(H) that the agency ini-
tiate and utilize ecological informa-
tion in. the planning and develop-
ment of resource-oriented projects.
(f) Fulfill the requirements of sec-
tions 102(2)(F), 102(2)(G), and
102(2)(1), of the Act and of Execu-
tive Order 11514, Protection and En-
hancement of Environmental Qual-
ity, Sec. 2.
? 1507.3 Agency procedures.
(a) Not later than eight months
after publication of these regula-
tions as, finally adopted in the FEDER-
AL REGISTER, or five months after
the establishment of an agency,
whichever shall come later, each
agency shall as necessary adopt pro-
cedures to supplement, these regula-
tions. When the agency is a depart-
ment, major subunits are encour-
aged (with the consent of the de-
partment) to adopt their own proce-
dures. Such procedures shall not
paraphrase these regulations. They
shall confine themselves to imple-
menting procedures. Each agency
shall consult with the Council while
developing its procedures and before
publishing them in the FEDERAL REG-
ISTER for comment. Agencies with
similar programs should consult
with each other and the Council to
coordinate their procedures, espe-
cially for programs requesting simi-
the council to revise em as
sary 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 require-
ments and shall include:
(1) Those procedures required by
?? 1501.2(d), 1502.9(c)(3), 1505.1,
1506.6(e), and 1508.4.
(2) Specific criteria for and identi-
fication of those typical classes of
action:
(i) Which normally do require en-
vironmental impact statements.
(ii) Which normally do not require
either an environmental impact
statement or an environmental as-
sessment (categorical exclusions
(? 1508.4)).
(iii) Which normally require envi-
ronmental assessments but not nec-
essarily environmental impact state-
ments.
(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 inter-
est of national defense or foreign
policy and are in fact properly classi-
fied pursuant to such Executive
Order or statute. Environmental. as-
sessments 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 por-
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tions can be included as annexes, in be uniform throughout the Federal
order that the unclassified portions Government.
can be made available to the public.
(d) Agency procedures may pro-
vide for periods of time other than
those presented in ? 1506.10 when
necessary to comply with other spe-
cific statutory requirements.
(e) Agency procedures may provide
that where there is a lengthy period
between the agency's decision to pre-
pare an environmental impact state-
ment and the time of actual prepara-
tion, the notice of intent required by
? 1501.7 may be published at a rea
sonable time in advance of prepara-
tion of the draft statement.
PART 1508-TERMINOLOGY AND
INDEX
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 State-
ment.
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.), Section
309 of the Clean Air Act, as amended (42
U.S.C. 7609), and Executive Order 11514,
Protection and Enhancement of Environ-
mental Quality (March 5, 1970, as amend-
ed by Executive Order 11991, May 24,
1977).
? 1508.1 Terminology.
The terminology of this part shall
? 1508.2 Act.
"Act" means the National Environ-
mental Policy Act, as amended (42
U.S.C. 4321, et seq.) which is also re-
ferred to as "NEPA."
? 1508.3 Affecting.
"Affecting" means will or may
have an effect on.
? 1508.4 Categorical exclusion.
"Categorical Exclusion" means a
category of actions which do not in-
dividually or cumulatively have a
significant effect on the human envi-
ronment and which have been found
to have no such effect in procedures
adopted by a Federal agency in im-
plementation of these regulations
(? 1507.3) and for which, therefore,
neither an environmental assess-
ment nor an environmental impact
statement is required. An agency
may decide in its procedures or oth-
erwise, to prepare environmental as-
sessments for the reasons stated in
? 1508.9 even though it is not re-
quired to do so. Any procedures
under this section shall provide for
extraordinary circumstances in
which a normally excluded action
may have a significant environmen-
tal effect.
? 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 alter-
native) for legislation or other major
Federal action significantly affecting
the quality of the human environ-
ment. The selection and responsibil-
ities of a cooperating agency are de-
scribed in ? 1501.6. A State or local
agency of similar qualifications or,
when the effects are on a reserva-
tion, an Indian Tribe, may by agree-
ment with the lead agency become a
cooperating agency.
? 1508.6 Council.
"Council" means the Council on
Environmental Quality established
by Title II of the Act.
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? 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 ac-
tions. Cumulative impacts can result
from individually minor but collec-
tively significant actions taking
place over a period of time.
? 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 re-
lated) to induced changes in the pat-
tern of land use, population density
C 13FWs" j9QTRSQAt 0Ii$8
of the need for the proposal, of al-
ternatives as required by sec.
102(2)(E), of the environmental im-
pacts of the proposed action and al-
ternatives, and a listing of agencies
and persons consulted.
? 1508.10 Environmental document.
"Environmental document" in-
cludes the documents specified in
? 1508.9 (environmental assessment),
? 1508.11 (environmental impact
statement), ? 1508.13 (finding of no
significant impact), and ? 1508.22
(notice of intent).
? 1508.11 Environmental impact state-
ment.
"Environmental Impact State-
ment" means a detailed. written
statement as required by Sec.
102(2)(C) of the Act.
? 1508.12 Federal agency.
"Federal agency" means all agen-
cies of the Federal Government. It
does not mean the Congress, the Ju-
diciary, 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 1VEPA re-
sponsibilities under section 104(h) of
the Housing and Community Devel-
opment Act of 1974.
? 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 oth-
erwise excluded (? 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 as-
sessment or a summary of it and
shall note any other environmental
documents related to it
(? 1501.7(a)(5)). If the assessment is
included, the finding need not repeat
any of the discussion in the assess-
ment but may incorporate it by ref-.
erence.
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, anc
functioning of affected ecosystems),
aesthetic, historic, cultural, econom-
ic, social, or health, whether direct,
indirect, or cumulative. Effects may
also include those resulting from ac-
tions which may have both benefi-
cial and detrimental effects, even if
on balance the agency believes that
the effect will be beneficial.
? 1508.9 Environmental assessment.
"Environmental Assessment":
(a) Means a concise public docu-
ment for which a Federal agency is
responsible that serves to:
(1) Briefly provide sufficient evi-
dence and analysis for determining
whether to prepare an environmen-
tal 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.
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"Human Environment" shall be in-
terpreted comprehensively to in-
clude the natural and physical envi-
ronment and the relationship of
people with that environment. (See
the definition of "effects" (? 1508.8).)
This means that economic or social
effects are not intended by them-
selves to require preparation of an
environmental impact statement.
When an environmental impact
statement is prepared and economic
or social and natural or physical en-
vironmental effects are interrelated,
then the environmental impact
statement will discuss all of these ef-
fects on the human environment.
? 1508.15 Jurisdiction By Law.
"Jurisdiction by law" means
agency authority to approve, veto, or
finance all or part of the proposal.
? 1508.16 Lead agency.
"Lead Agency" means the agency
or agencies preparing or having
taken primary responsibility for pre-
paring the environmental impact
statement.
? 1508.17 Legislation.
"Legislation" includes a bill or leg-
islative proposal to Congress devel-
oped by or with the significant coop-
eration and support of a Federal
agency, but does not include re-
quests for appropriations. The test
for significant cooperation is wheth-
er the proposal is in fact predomi-
nantly that of the agency rather
than another source. Drafting does
not by itself constitute significant
cooperation. Proposals for legisla-
tion 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.
? 1508.18 Major Federal action.
"Major Federal action" includes
actions with effects that may be
major and which are potentially sub-
ject to Federal control and responsi-
bility. Major reinforces but does not
have a meaning independent of sig-
iQbk.Mf385fQQ359J QA0t 8tt8$g0!r0
clude the circumstance where the re-
sponsible 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 con-
tinuing activities, including projects
and programs entirely or partly fi-
nanced, assisted, conducted, regulat-
ed, or approved by federal agencies;
new or revised agency rules, regula-
tions, plans, policies, or procedures;
and legislative proposals (?? 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 Feder-
al agency control over the subse-
quent use of such funds. Actions do
not include bringing judicial or ad-
ministrative civil or criminal en-
forcement actions.
(b) Federal actions tend to fall
within one of the following catego-
ries:
(1) Adoption of official policy,
such as rules, regulations, and inter-
pretations adopted pursuant to the
Administrative Procedure Act, 5
U.S.C. 551 et seq.; treaties and inter-
national conventions or agreements;
formal documents establishing an
agency's policies which will result in
or substantially alter agency pro-
grams.
(2) Adoption of formal plans, such
as official documents prepared or ap-
proved 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 im-
plement a specific policy or plan;
systematic and connected agency de-
cisions 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 geo-
graphic area. Projects include ac-
tions approved by permit or other
regulatory decision as well as federal
and federally assisted activities.
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? 1508.19 Matter.
"Matter" includes for purposes of
Part 1504:
(a) With respect to the Environ-
mental Protection Agency, any pro-
posed 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 agen-
cies, any proposed major federal
action to which section 102(2)(C) of
NEPA applies.
? 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.
(c) Rectifying the impact by re-
pairing, 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.
? 1508.21 NEPA process.
"NEMA process" means all meas-
ures necessary for compliance with
the requirements of. Section 2 and
Title I of NEPA.
? 1508.22 Notice of intent.
"Notice of Intent" means a notice
that an environmental impact state-
ment will be prepared and consid-
ered. 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 meet-
ing 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.
? 1508.23 Proposal.
"Proposal" exists at that stage in
the development of an action when
an agency subject to the Act has a
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goal and is adtively preparing to
make a decision on one or more al-
ternative means of accomplishing
that goal and the effects can be
meaningfully evaluated. Preparation
of an environmental impact state-
ment on a proposal should be timed
(? 1502.5) so that the final statement
may be completed in time for the
statement to be included in any rec-
ommendation or report on the pro-
posal. A proposal may exist in fact as
well as by agency declaration that
one exists.
? 1508.24 Referring agency.
"Referring agency" means the fed-
eral agency which has referred any
matter to the Council after a deter-
mination that the matter is unsatis-
factory from the standpoint of
public health or welfare or environ-
mental quality.
? 1508.25 Scope.
Scope consists of the range of ac-
tions, 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
(01502.20 and 1508.28). To deter-
mine the scope of environmental
impact statements, agencies shall
consider 3 types of actions, 3 types
of alternatives, and 3 types of im-
pacts. They include:
(a) Actions (other than unconnect-
ed 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:
(1) Automatically trigger other ac-
tions which may require environ-
mental impact statements.
(ii) Cannot or will not proceed
unless other actions are taken previ-
ously 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 ac-
tions have cumulatively significant
impacts and should therefore be dis-
cussed in the same impact state-
ment.
(3) Similar actions, which when
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viewed with other reasonably fore- (3) Unique characteristics of the
seeable 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 state-
ment. It should do so when the best
way to assess adequately the com-
bined impacts of similar actions or
reasonable alternatives to such ac-
tions is to treat them in a single
impact statement.
(b) Alternatives, which include: (1)
No action alternative. (2) Other rea-
sonable courses of actions. (3) Miti-
gation measures (not in the pro-
posed action).
(c) Impacts, which may be: (1)
Direct. (2) Indirect. (3) Cumulative.
? 1508.26 Special expertise.
"Special expertise" means statuto-
ry responsibility, agency mission, or
related program experience.
? 1508.27 Significantly.
"Significantly" as used in NEPA
requires considerations of both con-
text 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, nation-
al), the affected region, the affected
interests, and the locality. Signifi-
cance varies with the setting of the
proposed action. For instance, in the
case of a site-specific action, signifi-
cance 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 se-
verity of impact. Responsible offi-
cials must bear in mind that more
than one agency may make decisions
about partial aspects of a major
action. The following should be con-
sidered 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 pro-
posed action affects public health or
safety.
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 envi-
ronment are likely to be highly con-
troversial.
(5) The degree to which the possi-
ble effects on the human environ-
ment 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 in-
significant but cumulatively signifi-
cant impacts. Significance exists if it
is reasonable to anticipate a cumula-
tively significant impact on the envi-
ronment. Significance cannot be
avoided by terming an action tempo-
rary 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 his-
torical 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 criti-
cal 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.
? 1508.28 Tiering.
"Tiering" refers to the coverage of
general matters in broader environ-
mental impact statements (such as
national program or policy state-
ments) with subsequent narrower
statements or environmental analy-
ses (such as regional or basinwide
program statements or ultimately
site-specific statements) incorporat-
ing by reference the general discus-
sions and concentrating solely on
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the issues specific to the statement
Cover Sheet ....................... 1502.10(x), 1502.11
subsequently prepared. Tiering is a,p- Cumulative Impact .......... 1508.7. 1508.25(a i.
propriate when the sequence of 1508.25(c)
statements or analysts is: Decision making ................ 1505.1, 1506.1
Decision points .................. 1505.1(b)
(a) From a program, plan, or policy Dependent ......................... 1508.25(a)
environmental impact statement to a Draft Environmental 1502.9(a)
Impact Statement.
program, plan, or policy statement Early Application of 1501.2
or analysis of lesser scope or to a NEPA.
Economic Effects .............. 1508.8
site-specific statement or analysis. Effective Date ................... 1506.12
(b) From an environmental impact Effects ................................ 1502.16,1508.8
Emergencies ...................... 1506.11
statement on a specific action at an Endangered Species Act.. 1502.25, 1508.27(h)(9)
early stage (such as need and site se- Energy ................................ 1502.16(e)
lectio:n) to a supplement (which is EnAssement. 1501 501.4(a . 1501.7(b)(3),
preferred) or a subsequent state- 506.2(b)(4), 1506.5(b),
1508.4,
ment or analysis at a later stage 15 8.131508.9, 1.508.10,
(such as environmental mitigation). Environmental 1502.10(g), 1502.16
Tiering in such cases is appropriate Consequences.
Environmental 1500.4(k), 1500.5;8),
when it helps the lead agency to Consultation 1501.7(a)(6),1502.25.
1503
focus on the issues which are ripe Requirements. (c)
Environmental 1b08.10
1508.10
for decision and exclude from con- Dots.
sideration issues already decided or Environmental Impact 1500.4,1501.4(c), 1501.7,
Statement. 1501.3, 1502.1. 1502.2.
not yet ripe. 1502.3, 1502.4. 1502.5,
1502.6. 1502.7, 1502.8,
Index 1502.9, 1502.10. 1502.11,
Act ....................................... 1508.2 1502.12, 1502.13,
Ac iotn ................................. 1508..18, 1508.25 1502.14, 1502.15,
Action-forcing ................... 1500.1, 1502,1 1502.16 1502.17,
Adoption ............................ 1500.4(n), 1500.5(h), 1502.18:1502.19,
1506.3 1502.20
Affected Environment..... 1502.10(f), 1502.15 1502.22:1602.23:
Affecting ????????-??-?-??????.?????? 1502.3, 1508.3 1502.24, 1502.25,
Agency. Authority ............. 1500,9 1506.2(b)(4). 1506.3,
Agency Capability............ 1501.2(a), 1507.2 1506.8, 1508.11
Agency Compliance.......... 1507.1 Environmental 1502.11(f), 1504.1, 1504.3,
Agency ;Procedures........... 1505. 3, 1507.3 Protection Agency. 1506.7(c), 1506.9,
Agency Responsibility..... 1506.5 1506.10, 1508.1.9(a)
Alternatives ................ 1501,2(c), 1502.2, Environmental Review 1500.4(k), 1500,5(g),
1592.10(e), 1502.14, Requirements. 1501.7(a)(6), 1502.25
1503.1(e), 1505.2, 1503.3(c)
1507.2(d), 1508.25(b) Expediter ........................... 1501.8(b)(2)
Appendices .......................... 1502.10(k), 1502.18, Federal Agency ................. 1508.12
1502.24 Filing .................................. 1506.9
Applicant ............................ 150.1.2(d)(1), 1501.4(b), Final Environmental 1502.9(b), 1503.1?
1501.8(a), 1502.19(b), Impact Statement. 1503.4(b)
1502.1(a)(3), 1504.3(e), Finding of No 1500.3. 1500.4(9).
1592.1(d), 1.506.5(a), Significant Impact. 1500.5(1), 1501.4(e),
15061(b) 1508.13
Apply NEPA Early in 1501.2 Fish and Wildlife 1502.25
the Process. Coordination Act.
Categorical Exclusion...... 1500.4(p), 1500.5(k), Format for 1502.10
1501.4(a), 1507.3(b), Environmental Impact
1508.4 Statement.
Circulating of 1502.19, 1506.3 Freedom of Information 1506.6(f)
Environmental Impact Act.
Statement. Further Guidance ............ 1506.7
Classified Information..... 15073(c) Generic ............................... 1502,4(c)(2)
Clean Air Act... .................. 1504.1.1508.10(a) General Services 1506.8(b)(5)
Combining Documents.... 1500,1(0), 1500.5(i), Administration.
1506.4 Geographic ........................ 1502.4(c)(1)
commenting,..,.. ................ 1502,19, 1503.1, 1503.2. Graphics............................. 1502.8
1503.3, 1503.4, 1508.6(f) Handbook ........................... 1506.7(a)
Consultation 1500,4(k), 1500.5(g). Housing and Community 1506.12, 1508.12
Requirement. 1501.7(a)(6), 1502.25 Development Act.
Context .............................. 1508.27(a) Human Environment....... 150.3, 1502.22, 1508.14
Cooperating Agency........ 1500.5(b), 1501.1(b), Impacts ............................... 1508.8,1508.25(c)
1501.5(c), 1501.5(f), Implementing the 1505.3
1501.6, 1503.1(a)(1), ' Decision.
1503.2, 1503.3, Incomplete 1506.3(c), 1506.5(a), 1502.22
le
1508.5 Unavailable
Information.
Cost-Benefit ...................... 1502,23 Incorporation by 1500.4(j), 1502.21
Council on 1500.3, 1501.5(e), Reference.
Environmental Quality. 1501.5(f), 1501.6(c), Index ................................... 1502.100)
15112.9(c)(4), 1504.1, Indian Tribes ..................... 1501.2(d)(2), 1501.7(a)(1),
1504.2, 1504.3, 1502.15(c).
1508.6(f), 1508.9, 1503.1(a)(2)(10.
1508.10(e), 1508.11, 1508.6(6)(3)(11), 1508.5,
1507.3, 1508.6, 1508.24 1508.12
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Intensity ............................. 1508.27(b) Public Health and 1504.1
Interdisciplinary 1502.6,1502.17 Welfare.
Preparation. Public Involvement.......... 1501.4(e), 1503.1(a)(3),
Interim Actions ................. 1606.1 1506.8
Joint Lead Agency............ 1501.5(b), 1506.2 Purpose .............................. 1500.1, 1501.1, 1502.1,
Judicial Review ................. 1500.3 1504.1
Jurisdication by Law........ 1508.15 Purpose of Action ............. 1502.10(d), 1502.13
Lead Agency ...................... 1500.5(c), 1501.1(c), Record of Decision........... 1505.2, 1506.1
1501.5, 1501.6, 1501.7, Referrals ............................ 1504.1, 1504.2, 1504.3,
1501.8, 1604.3, 1506.3(d)
1506.2(b)(4), 1506.8(a), Referring Agency ............. 1504.1, 1504.2, 1504.3
1508.10(e), 1508.18 Response to Comments... 1503.4
Legislation ......................... 1500.5(j), 1502.3, 1506.8, Rural Electrification 1506.1(d)
1508.17, 1508 18(a) Administration.
Limitation on Action 1506.1 Scientific Accuracy ..........
During NEPA Process. Scope ...................................
List of Preparers ...............
Local or State ....................
Major Federal Action ......
Mandate .............................
Matter .................................
Methodology .....................
Mitigation ..........................
Monitoring .........................
National Historic
Preservation Act.
National Register of
Historical Places.
Natural or Depletable
Resource
Requirements.
Need for Action .................
NEPA Process ...................
Non-Federal Sponsor.......
Notice of Intent ................
OMB Circular A-95..........
102 Monitor .......................
Ongoing Activities............
Page Limits ........................
Program Environmental
Impact Statement.
Programs ............................
Projects ..............................
Proposal .............................
1502.10(h), 1502.17
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
1502.3, 1508.18
1500.3
1504.1, 1604.2, 1504.3,
1508.19
1502.24
1502.14(h), 1602.16(h),
1503.3(d), 1505.2(c),
1505.3, 1508.20
1505.2(c), 1506.3
1502.25
1502.10(d), 1502.13
1508.21
1501,2(d)
1501.7,1507.3(e),1508.22
1503.1(a)(2)(iii), 1505.2,
1508.6(b)(3)(i)
1506.6(b)(2), 1506.7(c)
1508.12
1500.4(a), 1501.7(b),
1502.7
1500.5(a), 1501.2(b),
1502.4(a), 1508.18
1500.2,1502.4(b),
1508.18(a)
1500.4(1), 1502.4, 1502.20,
1508.18
1502.4, 1508.18(b)
1508.18
1502.4, 1502.5. 1506.8,
1508.23
1502.10(e), 1502,14,
1508.2(c)
Significantly ......................
Similar ................................
Small Business
Associations.
Social Effects ....................
Special Expertise ..............
Specificity of Comments.
State and Areawide
Clearinghouses.
State and Local Fiscal
Assistance Act.
Summary ............................
Supplements to
Environmental Impact
Statements.
Table of Contents .............
Technological
Development.
Terminology ......................
Tiering ................................
Timing ................................
Treaties ..............................
When to Prepare an
Environmental Impact
Statement.
Wild and Scenic Rivers
Act.
Wilderness Act ..................
Writing ...............................
1502.24
1502.4(a), 1502.9(a),
1508.25
1500.4(b), 1501.1(d),
1501.4(d), 1501.7,
1502.9(a), 1506.8(a)
1502.3, 1508.27
1508.25
1506.6(b)(3)(vi)
1508.8
1508.26
1500.4(1), 1503.3
1501.4(e)(2),
1503.1(a)(2)(ili),
1506.6(b)(3)(i)
1500.4(n), 1500.5(h),
1501.2(d)(2), 1501.5(b),
1601.5(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
1508.18(a)
1500.4(h), 1502.10(b),
1502.12
1502.9(c)
1502.10(c)
1502,4(c)(3)
1508.1
1500.4(1), 1502.4(d),
1509.20, 1508.28
1500.5(e), 1501.1(e),
1501.7(b)(2), 1501.8
1502.4, 1502.5, 1506.10
1508.17
1501.3
1506.8(b)(ii)
1502.8
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THE NATIONAL ENVIRONMENTAL
POLICY ACT OF 1969, AS AMENDED*
An Act to establish a national policy for the environment, to provide for
the establishment of a Council on Environmental Quality, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That this Act may be cited as the
"'National Environmental Policy Act of 1969."
PURPOSE
SEC. 2. The purposes of this Act are : To declare a national policy which
will encourage productive and enjoyable harmony between man and his
environment; to promote efforts which will prevent or eliminate damage
t~, the environment and biosphere and stimulate the health and welfare
of man; to enrich the understanding of the ecological systems and natural
resources important to the Nation; and to establish a Council on Environ
mental Quality
TITLE I
DECLARATION OF NATIONAL ENVIRONMENTAL POLICY
SEC. 101. (a) The Congress, recognizing the profound impact of man's
activity on the interrelations of all components of the natural environment,
particularly the profound influences of population growth, high-density urban.
ization, industrial expansion, resource exploitation, and new and expanding
technological advances and recognizing further the critical importance of
restoring and maintaining environmental quality to the overall welfare and
development of man, declares that it is the continuing policy of the Federal
Government, in cooperation with State and local governments, and other
concerned public and private organizations, to use all practicable means and
measures, including financial and technical assistance, in a manner calculated
to foster and promote the general welfare, to create and maintain condition
under which than and nature can exist in productive harmony, and fulfill
the social, economic, and other requirements of present and future genera
tions of Americans.
(b) In order to carry out the policy set forth in this Act, it is the con-
tinuing responsibility of the Federal Government to use all practicable means,
consistent with other essential considerations of national policy, to improve
and coordinate Federal plans, functions, programs, and resources to the
end that the Nation may-
(1) fulfill the responsibilities of each generation as trustee of the
environment for succeeding generations;
(2) assure for all Americans safe, healthful, productive, and esthetically
and culturally pleasing surroundings;
(3) attain the widest range of beneficial uses of the environment with-
out degradation, risk to health or safety, or other undesirable and unin-
tended consequences;
(4) preserve important historic, cultural, and natural aspects of our
national heritage, and maintain, wherever possible, an environment
which supports diversity, and variety of individual choice;
(5) achieve a-balance between population and resource use which will
permit high standards of living and a wide sharing of life's amenities;
and
(6) enhance the quality of renewable resources and approach the
maximum attainable recycling of depletable resources.
?Pub L. 91-190, 42 U.S.C. 4321-4347, January 1, 1970, as amended by
Pub. L. 94-52, July 3, 1975, and Pub. L. 94-83, August 9, 1975.
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environment and that each person has a responsibility to contribute to the
preservation and enhancement of the environment.
SEC. 102. The Congress authorizes and directs that, to the fullest extent
possible: (1) the policies, regulations, and public laws of the United States
shall be interpreted and administered in accordance with the policies set forth
in this Act, and (2) all agencies of the Federal Government shall-
(A) Utilize a systematic, interdisciplinary approach which will insure
the integrated use of the natural and social sciences and the environ-
mental design arts in planning and in decisionmaking which may have
an impact on man's environment;
(B) Identify and develop methods and procedures, in consultation
with the Council on Environmental Quality established by title II of
this Act, which will insure that presently unquantifted environmental
amenities and values may be given appropriate consideration in decision-
making along with economic and technical considerations;
(C) Include in every recommendation or report on proposals for
legislation and other major Federal actions significantly affecting the
quality of the human environment, a detailed statement by the respon-
sible official on-
(i) The environmental impact of the proposed action,
(ii) Any adverse environmental effects which cannot be avoided
should the proposal be implemented,
(iii) Alternatives to the proposed action,
(iv) The relationship between local short-term uses of man's
environment and the maintenance and enhancement of long-term
productivity, and
(v) Any irreversible and irretrievable commitments of resources
which would be involved in the proposed action should it be
implemented.
Prior to making any detailed statement, the responsible Federal official
shall consult with and obtain the comments of any Federal agency which
has jurisdiction by law or special expertise with respect to any environ-
mental impact involved. Copies of such statement and the comments and
views of the appropriate Federal, State, and local agencies, which are
authorized to develop and enforce environmental standards, shall be
made available to the President, the Council on Environmental Quality
and to the public as provided by section 552 of title 5, United States
Code, and shall accompany the proposal through the existing agency
review processes;
(d) Any detailed statement required under subparagraph (c) after
January 1, 1970, for any major Federal action funded under a program
of grants to States shall not be deemed to be legally insufficient solely
by reason of having been prepared by a State agency or official, if:
(i) the State agency or official has statewide jurisdiction and
has the responsibility for such action,
(ii) the responsible Federal official furnishes guidance and par-
ticipates in such preparation,
(iii) the responsible Federal official independently evaluates such
statement prior to its approval and adoption, and
(iv) after January 1, 1976, the responsible Federal official pro-
vides early notification to, and solicits the views of, any other State
or any Federal land management entity of any action or any alterna-
tive thereto which may have significant impacts upon such State or
affected Federal land management entity and, if there is any dis-
agreement on such impacts, prepares a written assessment of such
impacts and views for incorporation into such detailed statement.
The procedures in this subparagraph shall not relieve the Federal official
of his responsibilities for the scope, objectivity, and content of the entire
statement or of any other responsibility under this Act; and further, this
subparagraph does not affect the legal sufficiency of statements prepared
by State agencies with less than statewide jurisdiction.
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(e) Study, develop, and describe appropriate alterna cues o rec -
mended courses of action in any proposal which involves unresolved
conflicts concerning alternative uses of available resources;
(f) Rec,,gnize the worldwide and long-range character of environ-
mental problems and, where consistent with the foreign policy of the
United States, lend appropriate support to initiatives, resolutions, and
programs designed to maximize international cooperation in anticipating
and preventing a decline in the quality of mankind's world environment;
(g) Make available to States, counties, municipalities, institutions,
and individuals, advice and information useful in restoring, maintaining,
and enhancing the quality of the environment;
(h) Initiate and utilize ecological information in the planning and
development of resource-oriented projects; and
(i) Assist the Council on Environmental Quality established by title
II of this Act.
SEc. 103. All agencies of the Federal Government shall review their present
statutory authority, administrative regulations, and current policies and pro-
cedures for the purpose of determining whether there are any deficiencies or
inconsistencies therein which prohibit full compliance with the purposes and
provisions of this Act and shall propose to the President not later than July 1,
1971, such measures as may be necessary to bring their authority and policies
into conformity with the intent, purposes, and procedures set forth in this Act
Ssc. 104. Nothing in section 102 or 103 shall in any way affect the specific
statutory obligations of any Federal agency (1) to comply with criteria or
standards of environmental quality, (2) to coordinate or consult with any
other Federal or State agency, or (3) to act, or refrain from acting contin-
gent upon the recommendations or certification of any other Federal or State
agency.
Sec. 105. The policies and goals set forth in this Act are supplementary to
those set forth in existing authorizations of Federal agencies.
COUNCIL ON ENVIRONMENTAL QUALITY
SEC. 201. The President shall transmit to the Congress annually beginning
July 1, 1970, an Environmental Quality Report (hereinafter referred to as
the "report") which shall set forth (1) the status and condition of the majo
teatural, manmade, or altered environmental classes of the Nation, including,
but not limited to, the air, the aquatic, including marine, estuarine, and fresh
water, and the terrestrial environment, including, but not limited to, the
forest, dryland, wetland, range, urban, suburban and rural environment; (2)
current and foreseeable trends in the quality, management and utilization of
such environments and the effects of those trends on the social, economic, and
other requirements of the Nation; (3) the adequacy of available natural re-
sources for fulfilling human and economic requirements of the Nation in the
light of expected population pressures; (4) a review of the programs and
activities (including regulatory activities) of the Federal Government, the
State and local governments, and nongovernmental entities or individual,
with particular reference to their effect on the environment and on the con-
servation, development and utilization of natural resources; and (5) a pro-
gram, for remedying the deficiencies of existing programs and activities, to-
gether with recommendations for legislation.
Ssc. 202. There is created in the Executive Office of the President a Coun-
c it on Environmental Quality (hereinafter referred to as the "Council"?
The Council shall be composed of three members who shall be appointed by
the President to serve at his pleasure, by and with the advice and consent of
the Senate. The President shall designate one of the members of the Council
to serve as Chairman. Each member shall be a person who, as a result of his
training, experience, and attainments, is exceptionally well qualified to
analyze and interpret environmental trends and information of all kinds; to
appraise programs and activities of the Federal Government in the light of
the policy set forth in title I of this Act; to be conscious of and responsive to
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the Nation; and to formulate and recommend national policies to promote the
improvement of the quality of the environment.
SEC. 203. The Council may employ such officers and employees as may be
necessary to carry out its functions under this Act. In addition, the Council
may employ and fix the compensation of such experts and consultants as may
be necessary for the carrying out of its functions under this Act, in accord-
ance with section 3109 of title 5, United States Code (but without regard
to the last sentence thereof).
SEc. 204. It shall be the duty and function of the Council-
(1) to assist and advise the President in the preparation of the En-
vironmental Quality Report required by section 20l of this title;
(2) to gather timely and authoritative information concerning the
conditions and trends in the quality of the environment both current and
prospective, to analyze and interpret such information for the purpose of
determining whether such conditions and trends are interfering, or are
likely to interfere, with the achievement of the policy set forth in title I
of this Act, and to compile and submit to the President studies relating
to such conditions and trends;
(3) to review and appraise the various programs and activities of the
Federal Government in the light of the policy set forth in title I of this
Act for the purpose of determining the extent to which such programs
and activities are contributing to the achievement of such policy, and
to make recommendations to the President with respect thereto;
(4) to develop and recommend to the President national policies to
foster and promote the improvement of environmental quality to meet
the conservation, social, economic, health, and other requirements and
goals of the Nation ;
(5) to conduct investigations, studies, surveys, research, and analyses
relating to ecological systems and environmental quality;
(6) to document and define changes in the natural environment, in-
cluding the plant and animal systems, and to accumulate necessary data
and other information for a continuing analysis of these changes or
trends and an interpretation of their underlying causes;
(7) to report at least once each year to the President on the state and
condition of the environment; and
(8) to make and furnish such studies, reports thereon, and recom-
mendations with respect to matters of policy and legislation as the Presi-
dent may request.
Ssc. 205. In exercising its powers, functions, and duties under this Act, the
Council shall-
(1) Consult with the Citizens' Advisory Committee on Environmental
Quality established by Executive Order No. 11472, dated May 29, 1969,
and with such representatives of science, industry, agriculture, labor, con-
servation organizations, State and local governments and other groups,
as it deems advisable; and
(2) Utilize, to the fullest extent possible, the services, facilities and
information (including statistical information) of public and private
agencies and organizations, and individuals, in order that duplication
of effort and expense may be avoided, thus assuring that the Council's
activities will not unnecessarily overlap or conflict with similar activities
authorized by law and performed by established agencies.
Ssc. 206. Members of the Council shall serve full time and the Chairman
of the Council shall be compensated at the rate provided for Level II of the
Executive Schedule Pay Rates (5 U.S.C. 5313). The other members of the
Council shall be compensated at the rate provided for Level IV of the Execu-
tive Schedule Pay Rates (5 . U.S.C. 5315).
Sac. 207. The Council may accept reimbursements from any private non-
profit organization or from any department, agency, or instrumentality of the
Federal Government, any State, or local government, for the reasonable travel
expenses incurred by an officer or employee of the Council in connection with
his attendance at any conference, seminar, or similar meeting conducted for
the benefit of the Council.
SEC. 208. The Council may make expenditures in support of its interna-
tional activities, including expenditures for: (1) international travel; (2)
activities in implementation of international agreements; and (3) the sup-
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port of international exchange programs in the United States and in foreign
countries.
Ssc. 209. There are authorized to be appropriated to carry out the provi-
lions of this chapter not to exceed $ 300,000 for fiscal year 1970, $700,000
for fiscal year 1971, and $1,000,000 for each fiscal year thereafter.
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THE ENVIRONMENTAL QUALITY
IMPROVEMENT ACT OF 1970*
TITLE II-ENVIRONMENTAL QUALITY
(OF THE WATER QUALITY IMPROVEMENT ACT OF 1974)
SHORT TITLE
SEC. 201. This title may be cited as the "Environmental Quality Improve-
ment Act of 1970."
FINDINGS, DECLARATIONS, AND PURPOSES
Sac. 202. (a) The Congress finds-
(1) That man has caused changes in the environment;
(2) That many of these changes may affect the relationship between
man and his environment; and
(3) That population increases and urban concentration contribute
directly to pollution and the degradation of our environment.
(b) (1) The Congress declares that there is a national policy for the en-
vironment which provides for the enhancement of environmental quality.
This policy is evidenced by statutes heretofore enacted relating to the preven-
tion, abatement, and control of environmental pollution, water and land
resources, transportation, and economic and regional development.
(2) The primary responsibility for implementing this policy rests with State
and local governments.
(3) The Federal Government encourages and supports implementation
of this policy through appropriate regional organizations established under
existing law.
(c) The purposes of this title are-
(1) To assure that each Federal department and agency conducting or
supporting public works activities which affect the environment shall
implement the policies established under existing law; and
(2) To authorize an Office of Environmental Quality, which, notwith-
standing any other provision of law, shall provide the professional and
administrative staff for the Council on Environmental Quality established
by Public Law 91-190.
OFFICE OF ENVIRONMENTAL QUALITY
SEC. 203. (a) There is established in the Executive Office of the President
an office to be known as the Office of Environmental Quality (hereafter in this
title referred to as the "Office"). The Chairman of the Council on Environ-
mental Quality established by Public Law 91-190 shall be the Director of the
Office. There shall be in the Office a Deputy Director who shall be appointed
by the President, by and with the advice and consent of the Senate.
(b) The compensation of the Deputy Director shall be fixed by the Presi-
dent at a rate not in excess of the annual rate of compensation payable to the
Deputy Director of the Bureau of the Budget.
(c) The Director is authorized to employ such officers and employees (in-
cluding experts and consultants) as may be necessary to enable the Office to
carry out its functions under this title and Public Law 91-190, except that
he may employ no more than 10 specialists and other experts without regard
to the provisions of title 5, United States Code, governing appointments in the
competitive service, and pay such specialists and experts without regard to the
provisions of chapter 51 and subchapter 111 of chapter 53 of such title relating
to classification and General Schedule pay rates, but no such specialist or
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expert shall Ue paid at a rate in excess of the maximum rate for GS-18 of the
General Schedule under section 5330 of title 5.
(d) In carrying out his functions the Director shall assist and advise the
President on policies and programs of the Federal Government affecting
environmental quality by--
(1) Providing the professional and administrative staff and support for
the Council on Environmental Quality established by Public Law 91-190;
(2) Assisting the Federal agencies and departments in appraising the
effectiveness of existing and proposed facilities, programs, policies, and
activities of the Federal Government, and those specific major projects
designate?d by the President which do not require individual project
authorization by Congress, which affect environmental quality;
(3) Reviewing the adequacy of existing systems for monitoring and
predicting environmental changes in order to achieve effective coverage
and efficient use of research facilities and other resources;
(4) Promoting the advancement of scientific knowledge of the effects
of actions and technology on the environment and encourage the develop-
ment of the means to prevent or reduce adverse effects that endanger
the health and well-being of man;
(5) Assisting in coordinating among the Federal departments and
agencies those programs and activities which affect, protect, and improve
environmental quality;
(6) Assisting the Federal departments and agencies in the develop-
ment and interrelationship of environmental quality criteria and stand-
ards established through the Federal Government;
(7) Collecting, collating, analyzing, and interpreting data and in-
formation on environmental quality, ecological research, and evaluation.
(e) The Director is authorized to contract with public or private agencies,
institutions, and organizations and with individuals without regard to sections
'1618 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5) in
carrying out his functions.
REPORT
SEC. 204. Each Environmental Quality Report required by Public Law
91--190 shall upon transmittal to Congress, be referred to each standing
+ommittee having jurisdiction over any part of the subject matter of the
Report.
AUTHORIZATION
SEC. 205. There are hereby authorized to be appropriated not to exceed
$500,000 for the fiscal year ending June 30, 1970, not to exceed $750,000 for
the fiscal year ending June 30, 1971, not to exceed $1,250,000 for the fiscal
year ending June 30, 1972, and not to exceed $1,500,000 for the fiscal year
ending June 30, 1973. These authorizations are in addition to those contained
in Public Law 91-190.
Approved April 3, 1970.
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THE CLEAN AIR ACT ? 309*
? 7609. Policy review
(a) The Administrator shall review and comment in writing on the environ-
mental impact of any matter relating to duties and responsibilities granted
pursuant to this chapter or other provisions of the authority of the Adminis-
trator, contained in any (1) legislation proposed by any Federal department or
agency, (2) newly authorized Federal projects for construction and any major
Federal agency action (other than a project for construction) to which section
4332(2)(C) of this title applies, and (3) proposed regulations published by any
department or agency of the Federal Government. Such written comment
shall be made public at the conclusion of any such review.
(b) In the event the Administrator determines that any such legislation,
action, or regulation is unsatisfactory from the standpoint of public health or
welfare or environmental quality, he shall publish his determination and the
matter shall be referred to the Council on Environmental Quality.
*July 14, 1955, c. 360, ? 309, as added Dec. 31, 1970, Pub. L. 91-604 ? 12(a), 42
U.S.C. ? 7609 (1970).
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Executive Order 11514. March 5, 1970
PROTECTION AND ENHANCEMENT OF
ENVIRONMENTAL QUALITY
As amended by Executive order 11991. (Secs. 2(g) and (3(h)).
May 24, 1977*
By virtue of the authority vested in me as President of the
United States and in furtherance of the purpose and policy of the
National Environmental Policy Act of 1969 (Public Law No.
91-190, approved January 1, 1970), it is ordered as follows:
Section 1. Policy. The Federal Government shall provide lead-
ership in protecting and enhancing the quality of the Nation's
environment to sustain and enrich human life. Federal agencies
shall initiate measures needed to direct their policies, plans and
programs so as to meet national environmental goals. The
Council on Environmental Quality, through the Chairman, shall
advise and assist the President in leading this national effort.
Sec. 2. Responsibilities of Federal agencies. Consonant with
Title i of the National Environmental Policy Act of 1969, here-
after referred to as the "Act", the heads of Federal agencies
shall
(a) ;Monitor, evaluate, and control on a continuing basis their
agencies' activities so as to protect and enhance the quality of
the environment. Such activities shall include those directed to
controlling pollution and enhancing the environment and those
designed to accomplish other program objectives which may
affect the quality of the environment. Agencies shall develop
programs and measures to protect and enhance environmental
quality and shall assess progress in meeting the specific objec-
tives of such activities. Heads of agencies shall consult with
appropriate Federal, State and local agencies in carrying out
their activities as they affect the quality of the environment.
(b) Develop procedures to ensure the fullest practicable provi-
sion of timely public information and understanding of Federal
plans and programs with environmental impact in order to
obtain the views of interested parties. These procedures shall
include, whenever appropriate, provision for public hearings,
and shall provide the public with relevant information, including
information on alternative courses of action. Federal agencies
shall also encourage State and local agencies to adopt similar
procedures for informing the public concerning their activities
affecting the quality of the environment.
(c) Insure that information regarding existing or potential
environmental problems and control methods developed as part
of research, development, demonstration, test, or evaluation
activities is made available to Federal agencies, States, counties,
municipalities, institutions, and other entities, as appropriate.
*Vie Preamble to Executive Order 11991 is as follows:
By virtue of the authority vested in me by the Constitution and
statutes of the United States of America, and as President of the
United States of America, in furtherance of the purpose and
policy of the National Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.), the Environmental Quality
Improvement Act of 1970 (42 U.S.C. 4371 et seq.), and Section 309
of the Clean Air Act, as amended (42 U.S.C. 1857h-7), it is hereby
ordered as follows:
42
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regulations, policies, and procedures, including those relating to
loans, grants, contracts, leases, licenses, or permits, in order to
identify any deficiencies or inconsistencies therein which pro-
hibit or limit full compliance with the purposes and provisions of
the Act. A report on this review and the corrective actions taken
or planned, including such measures to be proposed to the Presi-
dent as may be necessary to bring their authority and policies
into conformance with the intent, purposes, and procedures of
the Act, shall be provided to the Council on Environmental
Quality not later than September 1, 1970.
(e) Engage in exchange of data and research results, and
cooperate with agencies of other governments to foster the
purposes of the Act.
(f) Proceed, in coordination with other agencies, with actions
required by section 102 of the Act.
(g) In carrying out their responsibilites under the Act and this
Order, comply with the regulations issued by the Council except
where such compliance would be inconsistent with statutory
requirements.
Sec. 3. Responsibilities of Council on Environmental Quality.
The Council on Environmental Quality shall:
(a) Evaluate existing and proposed policies and activities of the
Federal Government directed to the control of pollution and the
enhancement of the environment and to the accomplishment of
other objectives which affect the quality of the environment.
This shall include continuing review of procedures employed in
the development and enforcement of Federal standards affecting
environmental quality. Based upon such evaluations the Council
shall, where appropriate, recommend to the President policies
and programs to achieve more effective protection and enhance-
ment of environmental quality and shall, where appropriate,
seek resolution of significant environmental issues.
(b) Recommend to the President and to the agencies priorities
among programs designed for the control of pollution and for
enhancement of the environment.
(c) Determine the need for new policies and programs for
dealing with environmental problems not being adequately
addressed.
(d) Conduct, as it determines to be appropriate, public hearings
or conferences on issues of environmental significance.
(e) Promote the development and use of indices and monitoring
systems (1) to assess environmental conditions and trends, (2) to
predict the environmental impact of proposed public and private
actions, and (3) to determine the effectiveness of programs for
protecting and enhancing environmental quality.
(f) Coordinate Federal programs related to environmental
quality.
(g) Advise and assist the President and the agencies in achiev-
ing international cooperation for dealing with environmental
problems, under the foreign policy guidance of the Secretary of
State.
(h) Issue regulations to Federal agencies for the implementa-
tion of the procedural provisions of the Act (42 U.S.C. 4332(2)).
Such regulations shall be developed after consultation with
affected agencies and after such public hearings as may be
appropriate. They will be designed to make the environmental
impact statement process more useful to decisionmakers and the
public; and to reduce paperwork and the accumulation of
extraneous background data, in order to emphasize the need to
focus on real environmental issues and alternatives. They will
require impact statements to be concise, clear, and to the point,
and supported by evidence that agencies have made the neces-
sary environmental analyses. The Council shall include in its
regulations procedures (1) for the early preparation of environ-
mental impact statements, and (2) for the referral to the Council
of conflicts between agencies concerning the implementation of
the National Environmental Policy Act of 1969, as amended, and
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Section 309 of the Clean Air Act, as amended, for the Council's
recommendation as to their prompt resolution.
(i) Issue such other instructions to agencies, and request such
reports and other information from them, as may be required to
carry out the Council's responsibilities under the Act.
(j) Assist the President in preparing the annual Environmental
Quality Report provided for in section 201 of the Act.
(k) Foster investigations, studies, surveys, research, and analy-
ses relating to (i) ecological systems and environmental quality,
(ii) the impact of new and changing technologies thereon, and (iii)
means of preventing or reducing adverse effects from such
technologies.
Sec. 4. Amendments of E.O. 11472. Executive Order No. 11472
of May 29, 1969, including the heading thereof, is hereby
amended:
(1) By substituting for the term "the Environmental Quality
Council", wherever it occurs, the following: "the Cabinet Com-
mittee on the Environment".
(2) By substituting for the term "the Council", wherever it
occurs, the following: "the Cabinet Committee".
(3) By inserting in subsection (f) of section 101, after "Budget,",
the following: "the Director of the Office of Science and
Technology,".
(4) By substituting for subsection (g) of section 101 the
following:
"(g) The Chairman of the Council on Environmental Quality
(established by Public Law 91-190) shall assist the President in
directing the affairs of the Cabinet Committee."
(5) by deleting subsection (c) of section 102.
(6) By substituting for "the Office of Science and Technology",
in. section 104, the following: "the Council on Environmental
Quality (established by Public Law 91-190)".
(7) By substituting for "(hereinafter referred to as the 'Com-
m.ittee'7', in section 201, the following: "(hereinafter referred to
as the 'Citizens' Committee')".
(8) By substituting for the term "the Committee", wherever it
occurs, the following: "the Citizens' Committee".
44
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IUNESDAY. NOVEMBER 29. 1978
PART VI
_M
00-
COUNCIL ON
ENVIRONMENTAL
QUALITY
NATIONAL
ENVIRONMENTAL
POLICY ACT
Implementation of Procedural
Provisions; Final Regulations
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[3125-01-M]
Title 40-Protection of Environment
CHAPTER V----COUNCIL ON
ENVIRONMENTAL QUALITY
NATIONAL ENVIRONMENTAL POLICY
ACT--REGULATIONS
Implementation of Procedural
Provisions
Quality, Exective Office of the Prc si-
dent.
ACTION: Final regulations.
SUIVIMA)RY: These final regulations
establish uniform procedures for irn-
plementitig the procedural provisions
of the National Environmental Policy
Act. The regulations would accomplish
three principal aims: to reduce paper-
work, to reduce delays, and to prodoc.e
better decisions. The regulations were
issued in draft form in 43 FR 25230-
25247 (June 9, 1978) for public review
and comment and reflect changes
made as s=, result of this process.
EFFECTIVE DATE: July 30, 1979.
(See exceptions listed in ? 1506.12.)
FOR FURTHER INFORMATICUN
CON'rACT:
Nicholas C. Yost, General Counsel,
Council on Environmental Quality,
Exocutive Office of the President,
722 Jackson Place NW., Washington,
D.C. 20006 (telephone number 202-
633-7032 or 202-395-5750).
SUPPLEMENTARY INFORMATI(.iN:
1. PURPOSE
We are publishing these final regk)la-
tions to implement the procedural pro-
visions of the National Environmental
Policy Act. Their purpose is to provide
all Federal agencies with efficient, (ail-
form procedures for translating the
law into practical action. We expect
the new regulations to accomplish
three principal alms: To reduce paper-
work, to reduce delays, and at the
saute tithe to produce better dec sio:ns
which further the national policy to
protect and enhance the quality of he
human environment.
The Council on Environmental
Quality is responsbile for overseeing
Federal efforts to comply with the Na-
tional Environmental Policy Act
("NEPA"). In 1970. the Council issued
Guidelines for the preparation of elcvi-
ronm. entn the actual issues
ripe for decision a' each level of envi-
ronmental review Some c:ommeiters
objected to t.ierint~ on grounds that it
was not required ' ; NEPA and would
add an additional unauthorized laver
to the environment a,i re-view proce:~s.
Section 1502.20 -> utlaorize -.4; tierii g of
EISs; it does not reciuire that it be
done. In addition, ! he purpose of tier-
ing is to simplify - he EIS prcce:.s by
providing that en,, ronmental analysis
completed at a b oad program level
not be duplicated Car site-specific proj-
ect reviews. Man:,, agencies have al-
ready used tiering >uccessfully in their
decisionmaking. I! t view of these and
other consideratic is, the Council de-
termined not to all ,'.r this provision,
Comments on ? .:`502.22: Incomplete
or unavailable irtformatic)n. Section
1502.22 provided, , moug other things,
that agencies pro !;hare a worst case
analysis of the i ~.k and severity of
possible adverse environmental im-
pacts when it pros -ed.i with a prui:'c,sal
in the face of unc '?rtainty. Tht:s provi-
sion received str ,ang support from
many commenterl.
Several commer'.ersa expressed con-
cern that this requirement v~ould
place undue emphasis on Lhe possible
occurence of adverse environmental
consequences re ardiess of how
remote the possib! ty might be. In re-
sponse, the Counci! added a phrase de-
signed to ensure 'v fiat use improbabil-
ity as well as th+.? probab lity cf ad-
verse environmental consequences
would be discussed! in worst case analy-
ses prepared unde this section. lf~ Section 1502.22 Aated that if infor-
mation is essent al to a reasoned
choice among altr'rnallves and J'.; not
known and the costs of obtaining it
are not exorbitar,t? the agency shall
include the rnfoi resat,ion in the envi-
ronmental impae statement. Some
commenters inqut t ed into the meaning
of the term 'cos i." The Council in-
tends for this wired to be interpreted
as including final ,i ial and other costs
and adopted the p'irase ' o% erall costs"
to convey this me,niretr
PART 1503 Cnl CMEN,rIN(3
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agencies solicit comments from State
and local environmental agencies
through procedures established by
Office of Management and Budget
Circular A-95 and suggested that the
Council confirm this approach in the
regulations. The Council adopted this
suggestion by adding an appropriate
paragraph to the section.
Comments on ? 1503.2: Duty to com-
ment. Section 1503.2 set forth the re-
sponsibilities of Federal agencies to
comment on environmental impact
statements. Several commenters sug-
gested reinforcing the requirement
that Federal agencies are subject to
the same time limits as those outside
the Federal government in order to
avoid delays. The Council concurred in
this suggestion and amended the pro-
vision accordingly. The Council was
constrained from further changes by
the requirement of Section 102(2)(C)
of NEPA that agencies "consult with
and obtain" the comments of specified
other agencies.
Comments on ? 1503.3: Specificity of
comments: Section 1503.3 of the draft
regulations elaborated upon the re-
sponsibilities of Federal agencies to
comment specifically upon draft envi-
ronmental impact statements pre-
pared by other agencies. Several com-
menters suggested that cooperating
agencies should assume a particular
obligation in this regard. They noted
that cooperating agencies which are
themselves required independently to
evaluate and/or approve the proposal
at some later stage in the Federal
review process are uniquely qualified
to advise the lead agency of what addi-
tional steps may be required to facili-
tate these actions. In the opinion of
these commenters, cooperating agen-
cies should be required to provide this
information to lead agencies when
they comment on draft EISs so that
the final EIS can be prepared with
further Federal involvement in mind.
The Council adopted this suggestion
and amended ? 1503.3 through the ad-
dition of new subsections (c) and (d).
The new subsections require cooperat-
ing agencies, in their comments on
draft EISs, to specify what additional
information, if any, is required for
them to fulfill other applicable envi-
ronmental review and consultation re-
quirements, and to comment adequate-
ly on the site-specific effects to be ex-
pected from issuance of subsequent
Federal approvals for the proposal. In
addition, if a cooperating agency criti-
cizes the proposed action, this section
now requires that it specify the miti-
gation measures which would be nec-
essary in order for it to approve the
proposal under its indeliendent statu-
tory authority.
Comments on ? 1504.3: Procedure for
referrals and response. Several com-
menters noted that ? 1504.3 did not es-
tablish a role for members of the
public or applicants in the referral
process. The Council determined that
such persons and organizations were
entitled to a role and that their views
would be helpful in reaching a proper
decision on the referral. Accordingly,
the Council added subsection (e) to
this section, authorizing interested
persons including the applicant to
submit their views on the referral, and
any response to the referral, in writing
to the Council.
Subsection (d) of this section pro-
vided that the Council may take one
of several actions within 25 days after
the referral and agency responses to
the referral, if any, are received. Sev-
eral commenters observed, however,
that this subsection did not establish a
deadline for final action by the Coun-
cil in cases where additional discus-
sions, public meetings, or negotiations
were deemed appropriate. These com-
menters expressed concern that the
absence of a deadline could lead to
delays in concluding the referral proc-
ess. The Council concurred. According-
ly, the Council added subsection (g) to
this section which requires that speci-
fied actions be completed within 60
days.
Several commenters noted that the
procedures established by Section
1504.3 may be inappropriate for refer-
rals which involve agency determina-
tions required by statute to be made
on the record after opportunity for
public hearing. The Council agrees.
The Council added-subsection (h) to
this section requiring referrals in such
cases to be conducted in a manner con-
sistent with 5 U.S.C. 557(d). Thus,
communications to agency officials
who made the decision which is the
subject of the referral must be made
on the public record and after notice
to all parties to the referral proceed-
ing. In other words, ex parte contacts
with agency decisionmakers in such
cases are prohibited.
PART 1505-NEPA AND AGENCY
DECISIONMAKING
Comments on Section 1501.1: Agency
decisionmaking procedures. Some
commenters asked whether this or
other sections of the regulations
would allow Federal agencies to place
responsibility for compliance with
NEPA in the hands of those with deci-
sionmaking authority at the field
level. Nothing in the regulations
would prevent this arrangement. By
delegating authority in this way, agen-
cies can avoid multiple approvals of
environmental documents and en-
hance the role of those most directly
involved in their preparation and use.
For policy oversight and quality con-
trol, an environmental quality review
office at the national level can, among
other things, establish general proce-
dures and guidance for NEPA compli-
ance, monitor agency performance
through periodic review of selected en-
vironmental documents, and facilitate
coordination among agency subunits
involved in the NEPA process.
Comments on ? 1505.2.? Record of. de-
cision in those cases requiring envi-
ronmental impact statements. Section
1505.2 provided that in cases where an
environmental statement was pre-
pared, the agency shall prepare a con-
cise public record stating what its final
decision was. If an environmentally
preferable alternative was not select-
ed, ? 1505.2 required the record of deci-
sion to state why other specific consid-
erations of national policy overrode
those alternatives.
This requirement was the single pro-
vision most strongly supported by indi-
viduals and organizations commenting
on the regulations. These commenters
stated, among things, that the require-
ment for a record of decision would be
the most significant improvement over
the existing process, would procedural-
ly link NEPA's documentation to
NEPA's policy, would relate the EIS
process to agency decisionmaking,
would ensure that EISs are actually
considered by Federal decisionmakers,
and was required as sound administra-
tive practice.
As noted above, the Council decided
that agencies shall identify the envi-
ronmentally preferable alternative
and the reasons for identifying it in
the record of decision. See Comments
on ? 1502.14. The Council's decision
does not involve the preparation of ad-
ditional analysis in the EIS process; it
simply affects where the analysis will
be presented.
Solpe commenters objected to the
concept of a public record of decision
on actions subject to NEPA review. In
the Council's opinion, however, a
public record of decision is essential
for the effective implementation of
NEPA. As previously noted, environ-
mental impact statement preparation
has too often become an end in itself
with no necessary role in agency dec-
sionmaking. One serious problem with
the administration of NEPA has been
the separation between an agency's
NEPA process and its decisionmaking
process. In too many cases bulky EISs
have been prepared and transmitted
but not used by the decisionmaker.
The primary purpose of requiring that
a decisionmaker concisely record his
or her decision in those cases where an
EIS has been prepared is to tie means
to ends, to see that the decisionmaker
considers and pays attention to what
the NEPA process has shown to be an
environmentally sensitive way of
doing things. Other factors may, on
balance, lead the decisionmaker to
decide that other policies outweigh
the environmental ones, but at least
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the record of decision will have
achieved the original Congres:,ional
purpose of ensuring that environmen-
tal factors are integrated into the
agency's decisionmaking.
Some commenters expressed the
opinion that it could be difficult for
Federal agencies to identify the envi-
ronmentally preferable alternative or
alternatives because of the multitude
of factors that would Y.rave to be
weighed in any such derermir.ation
and the subjective nature of the bal-
ancing process. By way of illustration,
commenters asked: Is clean water pref-
erable to clean air, or the preservation
of prime farmland in one region pref-
erable to the preservation of wildlife
habitat in another?
Iii response, the Council has amend-
ed the regulations to permit agencies
to identify more than one enviror~tnen-
tally preferable alternative, regn,rdless
of whether they are "equally" prefer-
able, as originally proposed. Moreover,
the "environmentally preferable alter-
native" will be that alternative which
best, promotes the national e re iron-
meeital policy as expressed in Section
101 of NEPA and most specifica.ty in
Section 101(b). Section 101(a) stresses
that the policy is concerned with than
and nature, to see that. they exist in
productive harmony and that the
social, economic, and other reciiuire-
ments of present and future genera-
tions of Americans are fulfilled,. Sec-
tion lOi(c) recognizes the need for a
healthy environment and each per-
son's responsibility to contribute to it.
Section 101(b) contemplates Federal
actions which will enable the Nation
to fulfill the responsibilities of each
generation as trustee for the environ-
merit for succeeding generation,; to
attain the widest range of beneficial
uses of the environment; to preserve
important historic, cultural and natu-
ral aspects of our national heritage;
and to accomplish other important
goals. The Council recognizes that the
identification of the em ironmei tally
preferable alternative or alternatives
may involve difficult assessmert!.s in
some cases. The Council detertrrined
that, the benefits of ensuring that deci-
sionmakers consider and take account
of environmental factors outweigh
these difficulties. To assist agencies in
developing and determining environ-
mentally preferable alternatives, "om-
meitters on impact statements may
choose to provide agencies with ..heir
views on this matter.
Several commenters expressed "on-
eerie. that- the regulations did not. au-
thorize Federal agencies to express
preferences based on factors other
than environmental quality. In the
opinion of these commenters, this em-
phasis on environmental consider-
ations was misplaced and not consist-
ent with the factors that agencies are
ext 'cted to consider in decisionmak-
Ing
7.' lie Council responded to these cotn-
meii?s by reference to the statute, rec-
ogtrizsing that Title II of NEPA and es-
peelally Section 101 clearly contem-
plat a balancing of essential consider-
aticrris of national policy. We provided
thsr agencies may discuss preferences
the;r have among alternatives based on
relc+vant factors, including economic
and technical considerations and
agei:cy statutory mission. Agencies
sho -,rld identify those considerations,
inci?iding factors not related to envi-
ronrn.ental quality, which were bal-
anct'd in making the decision. Nothing
in the final regulations precludes Fed-
term agencies from choosing to discuss
the preferences and identifying
the ? factors in the environmental
imps ,ct statement.
Si!rne commenters objected to the
wor,rp "overrode" in this provision. The
lane arage of the Act and its legislative
hint wy make clear that Federal agen-
cies, must act in an environnmentalty
reap )nsible fashion and not merely
con i,ler environmental factors. NEPA
regi,ires that each Federal agency use
"all practicable means and measures"
to T=,rotect and improve the environ-
inen i. "consistent with other essential
considerations of national policy." Sec-
tior I01 (b). The Council determined to
tie ihis provision of the regulations to
NEI 'i.'s statutory provision in place of
the overrode" language.
Sc sera), commenters expressed con-
cern that the phrase "national policy"
wou iI not allow agencies to refer to
state and local policies in the record of
decision. "National policy" is the
phrase used by Congress in NEPA.
fiov ;=ver, in many cases specific statu-
tory provisions require that Federal
ager,cies adhere to or pay heed to
Starr:, and local policies.
Facially; some commenters expressed
cone i,rn that the requirement for a
concise record of decision would In-
volvi additional agency efforts. The
intention is not to require new efforts,
but ix) see that environmental consid-
eratsns are built into existing process-
es. I?reparing such decision records is
recognized as good administrative
pracl.ice and the benefits of this re-
quirirrnent outweigh the difficulties of
buileting environmental considerations
into the decisionmaking process.
S1ifasection (c) of ? 1505.2 states that
for !,xiy mitigation adopted a monitor-
ing laid enforcement program where
apps. .able shall be adopted and sum-
marir:ed in the record of decision. One
come:-enter asked what the term "sum-
mari .ed" was intended to mean in this
conte ;d. The Council intends this
word to be interpreted as requiring a
brief and concise statement describing
the monitoring and enforcement pro-
gran r which has been adopted.
Comments on 1505.3: Implem:-'ntinry
the decision. Si ticn 1505.3 provides
for mitigation ol' adverse environmen-
tal effects. Set; ral commenters ex-
pressed concern; that this prevision
would grant br .d authority t+:o the
lead agency for ratr rating that other
agencies undert nse acid monitor miti-
gation measured, without their con-
sent. This is not the Council's inten-
tion and the tan, r:rage of the provision
does not support 1 hl.,; interpretation.
PART 1506-OTte R REQUIREMENT:, OF
,-;EPA
Comments on ll06.1. Limitation,
on actions durft N .EPA process. Sec
tion 1506.1 plac- d limitations e.aa ac-
tions which can ';e taken before com
pletion of the r ivir?orunental review
process because )-f t lie l:eossibility of
prejudicing or f ref'rosin?:r important
choices. Some c ~ rnrt enters expressed
concern that thi ire limitations woulci
impair the abilit;, of those outsie':e the-
Federal govermt,:,nt to develop proposals for agency r-eaew raid approval.
Accordingly, the "ovncii added ai new
paragraph (d) t4: this section wvhich
authorizes certain kimit.??d activities
before completio, of the c'.nviiroi men
tal review procese
Comments on 7,S )6.2: Elimination
of duplication tr nth Sta,'e and local
procedures. Th ,e'ction received
strong support, frown many com
menters. Several cornrtle.rrt.ers srir ghf
clarification of ? ! e curocceclures ^stab-
lished by this se, ion It provid,?s for
coordination an, ng Federal, State
and local agenciiin several distinct
situations. First, ib:iection (a) of this
section simply ce.,,ifiriris that Federal
agencies funding t.att, programs have
been authorized !ay Section 102(2)(I))
of ? NEPA to coo, )erate with ce-rtain
State agencies wit ri sc ?ttewide ju -isdic-
tion in conduct.it ; cinvironment:!.1 re-
views. Second, su!,sect ion i b) provides
generally for Fed+ cal cooperatior: with
all States it, en e irc rtmental rc views
such as joint plait -tiny processes, ,joint
research, joint n bile hearings, and
joint environna rita:l assessments.
Third, subsection (c) specifically pro-
vides for Feder ! cooperation with
those States and localities which ad-
minister "little N}41PA's." The Federal
agencies are dir+'r-ted to the fittest
extent possible ti rectuce duplication
between NEPA iii rd comparable State
and local require, er-ts. Approxirrtate-
ly half the states now have some sort
of environmental r npa.ct str,-'emerrt, re-
quirement either 'giriatively adopted
or administrative iv promulgated. In
these circumstan: -s, Federal agencies
are required to c~.: pr,rate in full-ling
these requirement a:+ well as those of
Federal laws so hat one document
will comply with all applicable laws.
Finally, subsectic ri (rl) provides that
Federal agencies nerally shall i-i en-
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vironmental impact statements discuss Council concurs and deleted the Comments on ? 1506.6: Public in-
any inconsistency between a proposed phrase "under contract" from this volvement. Subsection (b)(3) of this
action and any approved State or local provision. section listed several means by which
plan or laws, regardless of whether the Several commenters noted that the Federal agencies might provide notice
latter are Federally sanctioned. existing procedures for a few Federal of actions which have effects primar-
Comments on ? 1506.3: Adoption. programs are not consistent with ily of local concern. Several com-
Section 1506.3 authorized one Federal ? 1506.5. The Council recognizes that menters urged that such notices be
agency to adopt an environmental this provision will in a few cases re- made mandatory, rather than permis-
impact statement prepared by another quire additional agency efforts where, sive; other commenters felt these
in prescribed circumstances, provided for example, agencies have relied on methods of public notice should not be
that the statement is circulated for applicants for the preparation of envi- listed at all. Some commenters sug-
public comment in the same fashion as ronmental impact statements. The gested that additional methods be in-
a draft EIS. Several commenters Council determined that such efforts cluded in this subsection; others urged
stated their view that recirculation were justified by the goal of this provi- that one or more methods be deleted.
was unnecessary if the actions contem- sion. Subsection (b) of this section re-
plated by both agencies were substan- Several commenters expressed con- quired agencies to provide public
tially the same. The Council concurs cern that environmental information notice by means calculated to inform
and added a new paragraph (b) which provided by private applicants would those persons and agencies who may
provides that recirculation is not re- not be adequately evaluated by Feder- be interested or affected. Paragraph 3
quired in these circumstances. al agencies before it was used in envi- of the subsection merely identified al-
Comments on ? 1506.4: Combining ronmental documents. Other com- ternative techniques that might bo
documents. Section 1506.4 provided for menters wanted to insure that appli- used for this purpose at the local level.
the combination of environmental doc- cants were free to submit information Paragraph 3 is not intended to provide
uments with other agency documents. to the agencies. Accordingly, the an exhaustive list of the means of pro-
Some commenters expressed the view Council amended subsection (a) to viding adequate public notice. Nor are
that this section should enumerate allow receipt of such information the measures it lists mandatory in
the types of agency documents which while requiring Federal agencies to in- nature. On the basis of these consider-
could be combined under this provi- dependently evaluate the information ations, the Council determined not to
sion. The Council concluded that such submitted and to be responsible for its alter this provision.
a list was not necessary and that such accuracy. In cases where the informa- As proposed, subsection (f) of this
matters were better left to agency dis- tion is used in an environmental section required Federal agencies to
cretion. Thus, agencies may choose to impact statement, the persons respon- make comments on environmental
combine a regulatory analysis review sible for that evaluation must be iden- impact statements available to the
document, an urban impact analysis, tified in the list of preparers required public. language subsection repeated that
and final decision or option documents by ? 1502.17.
with environmental impact state- Several commenters expressed the has been in the Guidelines since 1973
ments. view that applicants should be allowed (40 CFR 1500.11(d)) relative to the
Comments on ? 1506.5: Agency re- to prepare environmental assessments. public availability of comments. On
sponsibility. NEPA is a law which im- These commenters noted that the the basis of comments received, the
poses obligations on Federal agencies. number of assessments prepared each Council altered this provision to state
This provision is designed to insure year is far greater than the number of that intra-agency documents need not
that those agencies meet those obliga- environmental impact statements; be made available when the Freedom
tions and to minimize the conflict of that such authority was necessary to of Information Act allows them to be
interest inherent in the situation of ensure environmental sensitivity was withheld.
those outside the government coming built into actions, which while ulti- Several commenters observed that
to the government for money, leases mately Federal were planned outside subsection (f) did not establish limita-
or permits while attempting impartial- the Federal government; that assess- tions on charges for environmental
ly to analyze the environmental cbnse- meets are much shorter and less com- impact statements as the Council's
quences of their getting it. ? 1506.5 set plex than EISs; and that it would be Guidelines had. Accordingly, the
forth the responsibility of Federal considerably less difficult for Federal Council incorporated the standard of
agencies for preparing environmental agencies independently to evaluate the the Guidelines into this subsection.
documents, and addressed the role of information submitted for an environ- The standard provides that such docu-
those outside the Federal government. mental assessment than for an envi- ments shall be provided to the public
As proposed, subsection (b) of this sec- ronmental impact statement. without charge to the extent practica-
tion provided that environmental The Council concurs and has added ble, or at a fee which is not more than
impact statements shall be prepared a new subsection (b) to this section the actual costs incurred.
either by Federal agencies or by par- which authorizes the preparation of Comments on ? 1506.8: Proposals ;or
ties under contract to and chosen environmental assessments by appli- legislation: Section 1506.8 established
solely by Federal agencies. The pur- cants. The Council intends that this modified procedures for the prepara-
pose of this provision is to ensure the provision enable private and State and tion of environmental impact state-
objectivity of the environmental local applicants to build the environ- ments on legislative proposals. Except
review process. rnent into their own planning process- i in prescribed circumstances, this sec-
Some commenters expressed the es, while the Federal agency retains tion provided for the transmittal of a
view that requiring Federal agencies the obligation for the ultimate EIS. single legislative EIS to the Congress
to be a formal party to every contract The Council emphasizes, however, and to Federal, State and local agen-
for the preparation of an environmen- that Federal agencies must indepen- cies and the public for review and com
tal impact statement was not neces- dently evaluate the information sub- ment. No revised EIS is required in
sary to ensure objectivity so long as mitted for environmental assessments such cases.
the contractor was chosen solely by and assume responsibility for its accu- A few commenters objected to these
Federal agencies. These commenters racy; make their own evaluation of en- procedures and urged that draft and
contended that a requirement for vironmental issues; and take responsi- final environmental impact statements
formal Federal involvement in all such bility for the scope and content of en- be required for all legislative propos-
contracts could cause delay. The vironmental assessments. . als. These commenters said that the
FEDERAL REGISTER, VOL. 43, NO. 230-WEDNESDAY, NOVEMBER 29, 1978
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conventional final environmental at ency action for compelling reasons
impact statement, including an agen- o] national policy.
cy's response to comments, was no less Comments on ?1506,11: Emegen-
important in this context than in a c, c?s. Section 1506.11 provided for
purely administrative setting, a4;cency action in emergency circum-
However, the Council views legisla- si antes without observing the require-
tive proposals as different from pro- ments of the regulations. The section
posed actions to be undertaken by required the Federal agency "propos-
agencies, in several important: re- iii to take the action" to consult with
spects. Unlike administrative propos- We Council about alternative arrange-
als, the timing of critical steps (hear- tin nts.
ings, votes) is not under the control of "several commenters expressed. con-
the administrative agency. Congress in that use of the phrase "proposing
will hold its hearings or take its votes to take the action" would be interpret;
when it chooses, and if art EIS is to in- ed to mean that agencies consult with
fluence those actions, it must be there the Council before emergency action
in time. Congress may request Federal wtu; taken. In the view of these com-
agencies to provide any additional en- ml nters, such a requirement might be
vironrnental information it netts fol- ini'.tractical in emergency circum-
lowing receipt of a legislative I:is. Ad- stmices and could defeat the purpose
ministration proposals are considered of the section. They Council concurs
alongside other proposals introduced and substituted the phrase "taking the
by members of Congress and the final act ion" for "proposing to take the
stating that at, -ncies with similar pro-
grams should :onsult w=ith each other
and the Couv4 it to coordinate their
procedures, esl ociaily for programs re-
questing similes; information from ;n)-
plicants.
Several coin r,:!entors suggested that
a committee U e,tabiir!hed to review
agency compli+n ice with these regula-
tions. Under su'.)seciion. (a), the Coun-
cil will review agency implementing
procedures foa conformity with the
Act and the ref.; tiat.ions. Moreover, the
Council regular ;y consults with Fedor-
al agencies reg: rding their implemer?-
tation of NEPi'i and conducts periodic
reviews on hots i,he proca.'ss is u. orkirtRc.
On the basis c.l' these consideration,;,
the Council determined that com-
mittee for the = eview oi- agent v com-
pliance with NI- PA should not be es-
tablished.
product, rY any, may be subs,tarrtially action." Similarly, the Council amend- PART r508--T1,.rrNTINe)LOfv AND JNDex
different from the proposal transmit- ed the section to provide for consulta- Comments on ` 150$-8: Effects. Sever-
ted by the Federal agency. Congress tit, , t "as soon as feasible" and not nec- al commenters art>e d that the ten-nt
may hold hearings on legislative pro- esti.rily before emergency action. "effects" expre~,>ly include ae'r the(ic,
posals and invite testimony on all as- historic and cr,ltural im)r.ct,. Tlte?
pests of proposed legislation including PART 1507-AGE3~iCYCOMPLIANCE K ,
its environmental impacts. On, the Council adopts this cr gI yincl.
# "omments on ? 1507.,x; Agency capes- altered this pro sfon accordi dingly.
basis of these consideration.,, the bitty, to. compply. Section 15,47,2_pro- Comments o,, ?1508.12,* Federal
Council determined that it would be vilded, among other things, that a?l'cd- agency. Sevei'iii corrunenters rlrgcti
overly burdensome and unproductive eye] agency aaltall itself have suffi- that States and mats of
to require draft and final le 1lative gene raa local
g cit',it capabi ty to evaluate any anal- goverhment ass Ming, NYPA rw; ponsi-
envirorumental impact statements for ysi?, prepare , for it by others. Several bilities under 1- rcticn 104(h) of the
all legislation, wherever it origin rtes. corrirnenters expressed concern that Housing and Coliirn'atnty Devele prnei.i
Several commenters also expressed thug:. could be interpreted to mean that Act of 1974 bee ;c prf+:,sly recognized Its
concern about the requirement, that eat ti agency must employ the full Federal agenciecaa for purposes, o' t liesu
the legislative environmental impact rat a of professionals including geolo- regulations. Tht Council adopted this
statement actually accompany i"gisla- gis biologists, chemists, botanists suggestion and ,r.rnendecd this provision
tive proposals when they are transmit- ant' others to gain sufficient, capability accordingly.
ted to Congress. These comnicoters for evaluating work prepared by Comments on 1503.14: Hzrnzezrt. err
noted that such proposals are often otli,,rs, This is not the Council's inten- vironment. In its proposed form.
transmitted on an urgent basis with- tion. Agency staffing requirements ? 1508.14 stated tt,rat the i.erm "human
out. advance warning. Accordingly, the wil vary with the agency's mission environment" s,'tall be interpreted
Council amended this section to pro?? and needs including the number of comprehensively to include the natu-
vide for a period of thirty days for EIS' L; for which they are responsible. ral and physical 'nvironn.ent and tho'
transmittal of legislative envn-oninen- Ciimments on ?1507.3: Agency prose- interaction of in ople with that envi-
tal impact statements, except that dun s. Subsection (a) of ? 1507.3 pro- ronment. A few i")mrrenters expressed
agencies must always transmit such vidt ci that agencies shall adopt prose- concern that t.h::s definition could be
EISs before the Congress ?,e-gins dun's for implementation of the regu- interpreted as being limited to tite flat
formal deliberations on the proposal. latious within eight months after the ural and physictl aspects of the envt-
Comments on ? 1506.10: Tarns: rig of regulations are published in the FED- ronment. This is :rot the Council's in-
agency action. Subsection (c) of this ERA REGISTER. Several cornnienters tention. See ? iii i8 8 (relating to ef
section provided that agencies shall not cl that State and local agencies fects).and our dt,:cu:?;ion of the envi
allow not less than 45 days for com- parlcipating in the NEPA. process ronment in the 1 irrtion of this Frearn
ments on draft environmental impact and 'r certain statutory highway and ble relating to ? :505 -2. Ti,e full scope
statements. Several commenters felt community development programs of the environm, rid is set out in Sec.
that this period was too long; others won ci also require implementing pro- tion 101 of NEP- Human beings are
thought it too short. cede f t es but could not finally begin to central to that s oneept. In ? 1.08.14
The Council recognizes that ,t bal- devt lop them until the relevant Feder- the Council repiti ?ed the work "inter.
ance must be struck between an ade- al a . encies had completed this task, action" with the wort; 're'lationship"
quate period for public commeW, on Accs~t?dingly, the Council amended this to ensure that ti:ir' definition is inter-
draft E[S's and timely completion of pro, lion to allow such state and local preted as being ill, luSive of the human
the environmental review proc,e ss ;. In ager,"ies an additional four months for environment.
the Council's judgment, 4.5 days has the adoption of implementing prose- The only line s,r draw is one drawn
proven to be the proper balance This dur4 .;. by the cases. St . tion 154:8.14 stated
period for public comment was t stab- Sc,reral commenters suggested that that economic or oc a.l effects are not
lisped by the Guidelines in 197:1.. and agerra:ies with similar programs should intended . by thv. insclves to require
the Council determined not to alter it. establish similar procedures, especially preparation of an environmental
Subsection (e) of this section arit.ho- for the submission of information by impact statement A Jew commenters
rites the Environmental Prote s?tion applicants. The Council concurs and sought further , xplsnation of this
Agency to reduce time periods for adds !:f a new sentence to subsection (a) provision. This provision reflect.:,; the
FEDERAL REGISTER, VOL. 43, NO. 230-WEDNESDAY, NOVEMBER 29, 1978
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Council's determination, which ac-
cords with the case law, that NEPA
was not intended to require an envi-
ronmental impact statement where
the closing of a military base, for ex-
ample, only affects such things as the
composition of the population or the
level of personal income in a region.
Comments on ? 1508.16: Legislation.
Section 1508.16 defined legislation to
exclude requests for appropriations.
Some commenters felt that this exclu-
sion was inappropriate. Others noted
that environmental reviews for re-
quests for appropriations had not been
conducted in the eight years since
NEPA was enacted. On the basis of
traditional concepts relating to appro-
priations and the budget cycle, consid-
erations of timing and confidentiality,
and other factors, the Council decided
not to alter the scope of this provision.
The Council is aware that this is the
one instance in the regulations where
we assert a position opposed to that in
the predecessor Guidelines. Quite
simply, the Council in its experience
found that preparation of EISs is ill-
suited to the budget preparation proc-
ess. Nothing in the Council's determi-
nation, however, relieves agencies of
responsibility to prepare statements
when otherwise required on the under-
lying program or other actions. (We
note that a petition for certiorari on
this issue is now pending before the
Supreme Court.) This section was re-
numbered as ? 1508.17.
Comments on ? 1508.17: Major Feder-
al action. Section 1508.17 of the draft
regulations addressed the issue of
NEPA's application to Federal pro-
grams which are delegated or other-
wise transferred to State and local
government. Some commenters said
that the application of NEPA in such
circumstances is a highly complicated
issue; that its proper resolution de-
pends on a variety of factors that may
differ significantly from one program
to the ,next and should be weighed on
a case-by-case basis; and that agencies
themselves should be accorded lati-
tude in resolving, this issue, subject to
judicial review. The Council concurs
and determined not to address this
issue in this context at the present
time. This determination should not
be interpreted as a decision one way or
the other on the merits of the issue.
Section 1508.17 also stated that the
term "major" reinforces but does not
have a meaning independent of the
term "significantly" in NEPA's phrase
"major Federal action significantly af-
f ecting, the quality of the.human envi-
ronment." A few commenters noted
that courts have differed over whether
these terms should have independent
meaning under NEPA. The Council de-
t ermined that any Federal action
w eh significantly affects the quality
of the a human environment is "major"
r purposes of NEPA. The Council's
iew is in accord with Minnesota PIRG
Butz, 498 F. 2d 1314 (8th Cir., 1974).
Section 1508.17 was renumbered as
1508.18.
Comments on ? 1508.22: Proposal.
ection 1508.22 stated that a proposal
xists when an agency is "actively con-
idering" alternatives and certain
ther factors are present. Several com-
enters expressed the view that this
hrase could be interpreted to mean
iat a proposal exists too early in
Tanning and decisionmaking, before
sere is any likelihood that the agency
ill be making a decision on the
Matter. In response to this concern,
ind to emphasize the link between
EISs and actual agency decisions, the
Council deleted the phrase "actively
considering" and replaced it with the
phrase "actively preparing to make a
decision on" alternatives.. The Council
does not intend the change to detract
from the importance of integrating
'IEPA with agency planning as pro-
Vided in ? 1501.2 of the regulations.
This section was renumbered as
1508.23.
Comments on the application of
h'EPA abroad. Several commenters
urged that the question of whether
NEPA applies abroad be resolved by
these regulations. However, the Presi-
dent has publicly announced his inten-
tion to address this issue in an Execu-
tive Order. The Executive Order,
when issued, will represent the posi-
tion of the Administration on that
issue.
Comments on the role of Indian
tribes in the NEPA process. Several
commenters stated that the regula-
tions should clarify the role of Indian
Tribes in the NEPA process. Accord-
ingly, the Council expressly identified
Indian Tribes as participants in the
NEPA process in ?? 1501.2(d)(2),
1501.7(a)(1), 1502.15(c) and
1503.1(a)(2)(ii).
Comments on the Council's special
environmental assessment for the
NEPA regulations. The Council pre-
pared a special environmental assess-
ment for these regulations and an-
nounced in the preamble to the draft
regulations that the document was
available to the public upon request.
Some commenters expressed the view
that it did not contain an adequate
evaluation of the effects of the regula-
tions. For the reasons set out in the
assessment, and the preamble to the
proposed regulations, the Council con-
firmed its earlier determination that
the special environmental assessment
did provide an adequate evaluation for
these procedural regulations.
Comments on the President's author-
ity to issue Executive Order 11991 and
the Council's authority to issue regula-
tions. A few commenters questioned
the authority of the President to issue
Executive Order 11991, and the au-
thority of the Council to issue the reg-
ulations. The President is empowered
to issue regulations implementing the
procedural provisions of NEPA by
virtue of the authority vested in him
as President of the United States
under. Article II, Section 3 of the Con-
stitution and other provisions of the
Constitution and laws of the United
States. The President is empowered to
delegate responsibility for performing
this function to the Council on Envi-
ronmental Quality under Section 301
of Title 3 of the United States Code
and other laws of the United States.
Comments on the responsibilities of
Federal agencies in the NEPA process.
Agency responsibilities under the reg-
ulations often depend upon whether
they have "jurisdiction by law" or
"special expertise" with respect to a
particular proposal. Several com-
menters noted that these terms were
not defined in the regulations and
could be subject to varying interpreta-
tions. Accordingly, the Council added
definitions for these terms in
?? 1508.15 and 1508.28.
Comments on the role of State and
areawide clearinghouses. At the re-
quest of several States, the Council
recognized the role of state and
areawide clearinghouses in distribut-
ing Federal documents to appropriate
recipients. See e.g. ?? 1501.4(e)(2),
1503.1(2)(iii), and 1506.6(b)(3)(i).
Comments on the concept of a na-
tional data bank. When the Council
issued the proposed regulations, it in-
vited comment on the concept of a na-
tional data bank. The purpose of a
data bank would be to provide for the
storage and recall of information de-
veloped in one EIS for use in subse-
quent EISs. Most commenters ex-
pressed reservations about the idea on
grounds of cost and practicality. The
Council, while still intrigued by the
concept did not change its initial con-
clusion that the financial and other
resources that would be required are
beyond the benefits that might be
achieved.
Comments on Federal funding of
public comments on EISs. The Council
also invited comment on a proposal for
encouraging Federal agencies to fund
public comments on EISs when an im-
portant viewpoint would otherwise not
be presented. Several commenters sup-
ported this proposal on grounds that it
would broaden the range and improve
the quality of public comments on
EISs. Others doubted that the expend-
iture of Federal funds for this purpose
would be worthwhile. Some felt that
Congress should decide the question.
The Council determined not to ad-
dress the issue of Federal funding for
public comments on EISs in the regu-
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latiorrs, but to leave the matter to indi-
v idusc alt, envies' discretion.
Tha final rpulation$ implert,i'nt the
policy and other rcquiremerits of Ex-
eruti;.e larder 12044 to the fullest
extern. possible. We intend asid'ncies in
I upli rut siting these regulai ions to
r.nirlirnirf.I' bfrrdens on the pulicic.. The
dt't.erminai.ionr required by f ectioil
2(d) of he Order have been made by
the and are availa1ih on re-
ciitest.
It i;, oiir iriti ration that a Regulatory
Anal,, ii rr?ituired by Section t of the
Order lice tmderta.ken coociirrent.iv
vvith arr(I, wio re appropriate, iiite?grat.-
(A w ltli an envit onmental impact
S'rc.
J!,,12.4 Major Federal actions requiring the
preparation of environmental impact.
statements..
I t2.5 Timing.
1'02.6 Interdisciplinary preparation:
I!, 12.7 Page limits.
1 (i2.8 Writing.
I 02.9 Draft, final, and supplementalstate-
inents.
1 '?ti"3.10 Recommended formal.
V Y!'11.11 Cover sheet.
1' (2:12 Summary.
1' 12.13 Purpose and need.
Ulo2.14 Alternatives including the pro-
Posed action,
E:02.15 Affected environmcni..
1, 2.16 Environmental consequences.
L M17 List, of preparers,
1, 12.18 Appendix.
V -i'2_19 Circulation of the e?nvironm??ntal
impact stat^ment.
slaternetit, required by NIP?A and
11
2.20
Tiering.
t irestr r ei rrlations.
it
12.21
Incorporation by reference.
'2.22
i,ion.
Incomplete or unavailable informa-
1
2.23
Cost-benefit analysis;.
We e`citiId not, of course, a.dclil, ever.v
sug ,stilin that was made on I trt' regu-
It
12.24
ey.
Methodology and scientific accura-
] i.tiGrt r. We have tried to re.-.pond to
Ii
2.25
Environmental review and consul-
Hie ins or ctincertrs that v+.i're ex-
Lation requirements,
l. restia dI I ti I he process, ix,, has'
rliart;^etl 74 of the 92 section,;, in-king
s toto1 of 340 airnendmcnts to 1Iie regu-
liaiof :l. We are eonfid,ant that axilv
1 suc~,i. ix ii it arise in the futur a I'an bras
resols!^d i.hrotigh a variety (II .r.ii~ochzs-
iisrns that: exists for irnpros iig tiiri
1,4 EPA p r~rr+cas.
We appr (iate the efforts t)I the
l:tarty pt role who participated is de-
vc10l,1i1!t1, the, tugulatior'rs and look for-
ward to lic'ir cooperation as Ili(., regu-
Iitiorts are iniidementcd by itisIicidual
r:itole is:s.
CrIARt.r:S WAlz1rEN.
Clt?i, i arum.
PAR'i 1500--PURPOSE, POLICY, AND
MANDATE
S, C.
1..50(1.1 I"'t t rpost'-
1 '00.2 11iitie'y
1;'00-:{ 1Vtirnrlate-
1500.4 hI'ducmt1 paperwork.
1100.ii Ir+ iuntoit delay-
I500.6 Aiinrrca authority,
1501.1 111irpose.
1501,2' Aopiy N1:PA early in the ptvwtss,
150L.3 'When to prepare an envtronmental
15101.4 v4he,titer to prepare an
ttr* in i 1a4tt, .,r3.tement.
1501.5 LR'Itd a.r encies.
1501.6 C 't,rrperai.ing at? encies.
1501.7 ~ScopiIC,
1.501.8 'l'ime limits.
PART 1502-ENVIRONMENTAL IMPACT
STATEMENT
1!)02.) 1'tirnose.
1502.2 l+: i o lcrni'ntation.
1502.3 SI.atatory requiresments stir state-
PART 1511:3-COMMENTING
L I-3.1 Inviting continents.
1 3.2 Duty to comment.
1 3 Speclf.city of comments.
t 3.4 Response to cornmen r .
Pm ItT 1504-PREDECISION REFERRALS TO THE
t.OUNCIL OF PROPOSED FEDERAL ACTIONS
DETERMINED TO BE ENVIRONMENTALLY
UNSATISFACTORY
tt t4.i Purpo. .
1I 14.2 Criteria for referral.
U114,3 Procedure for referrals and re-
:;porise.
PART 1505--NEPA AND AGENCY
EIECISIONMAKiNG
5?.l Agenc; decisionmakic s procedures.
I:, ,;>.2 1Iec:?ord of decision its cases requiring
c,nvironmental impact statements.
Imp?eim tinting the decision.
1;1116.1 Limitations on actions during NEPA
process.
lrui16.2 Elimination of duplication with
State and local procedures.
ti,t16,5 Adoption.
I 11,4 Combining documents.
1r 16.5 Agency responsibility.
I (:t-6 Public involvement.
It 10.7 Further guidance.
1'6.8 Propo.,a.ls for legislaiion.
11i0i.9 Filing requirements.
1 `f,.10 Timing of agency 5 4 1 ion.
V I E .11 Emergencies.
V'16.12 Effective date.
1 17.1 Compliance.
t ;7_2 Agency capability to comply.
t . 17.3 Agency procedures.
i.i,18.1 Terminology.
As 08.2 Act.
18.3 Affectiiig.
Sec.
1508.4 Categirr rtl t rhision.
1508.5 Coops Ia' rig i tenc', .
1508.6 Council.
1508.7 Cutnuial c impact
1508.8 Effects,
1508.9 Envirc,rtrr'tit,ti tti.;r;;sment.
1508.10 Ent ti nt rxctil :ei dont possible" in section 102
means that each agency of the Fe deral
Government shall comply with that
section u less existing law apptieable
to the agency's operations expressly
prohible.s or makes compliance Impos-
sible.
PART 1501-NEPA AND AGENCY
PLANNING
Sec.
15011 Purpose-
1501.2 Apply NEPA early in the.proc: ss.
1501-3 When to prepare an envircot u ntal
:arse nmcnt.
1501.4 Whcl.her to prepare an environmen?
tal impact statement.
1501.5 Lean agencies.
1501.6 Cooperating agencies.
1501.7 scoring.
1501.8 Time limits.
AuTHOerr.: NE'PA, the Envircnrncntai
Quality It7 protvement Act of 1910, as
amended (43 U.S.C. 4371 et seq.), S+cction
309 of tht Clean Air Act, as amend d d (42
U.S.C. 7609, and Executive Order 11514,
Protection and Enhancement of Environ-
mental Quality (March 5, 1970, as arttcnded
by Executive Order 11991, May, 24 1977 ).
? 1501.1 Purpose.
The purposes of this part include:
(a) Integrating the NEPA process
into early planning to insure appropri-
ate consideration of NEPA's policies
and to eliminate delay.
(b) Emphasizing cooperative consul-
tation among agencies before the envi-
rot mental impact statement is pre-
pairnd rather than submission of ad-
ver wary comments on a completed doc-
um r'nt,
(:) Providing for the swift and fair
ret ilution of lead agency di'-putes.
(d) Identifying at an early stage the
siriificant environmental issues de-
ser,ing of study and deemphasizing in-
sig'i,ificant issues, narrowing the scope
of the environmental impact state-
me rtt accordingly.
(+.) Providing a mechanism for put-
tino appropriate time limits on the en-
vir~ nmental impact statement process.
? lt:itai.2 Apply NEPA early in the process.
A encies shall integrate the NFPA
pre. tress with other planning at the
ear'test possible time to insure that
planning and decisions reflect environ-
me ! tal values, to avoid delays later in
the, process, and to head off potential
corii'licts. Each agency shall:
G) Comply with the mandate of see-
tioa 102(2)(A) to "utilize a systematic,
intii-disciplinary approach which will
inst,re the integrated use of the natu-
ral arid social sciences and the environ-
met tal design arts in planning and in
de t sionmaking which may have an
iml ct on man's environment," as
spe ified by ? 1507,2.
(t+) Identify environmental effects
and values in adequate detail so they
can be compared to economic and
teehnical analyses. Environmental
doe iments and appropriate analyses
shall be circulated and reviewed at the
sanri- time as other planning docu-
met s.
(r Study, develop, and describe ap-
pro riate alternatives to recommended
cou ses of action in any proposal
whl^'h involves unresolved conflicts
con earning alternative uses of availa-
ble resources as provided by section
1021 2)(E) of the Act.
U Provide for cases where actions
are planned by private applicants or
oth r non-Federal entities before Fed-
eral involvement so that:
(I Policies or designated staff are
ava able to advise potential applicants
of , tidies or other information fore-
see;Jbly required for later Federal
acts a.
(21 The Federal agency consults
earl with appropriate State and local
age.i dies and Indian tribes and with in-
ters ted private persons and organiza-
tion,: when its own involvement is rea-
sonibly foreseeable.
(3 The Federal agency commences
its 1 EPA process at the earliest possi-
ble1 me.
? 1511,1.3 When to prepare an environmen-
i it] assessment.
(a. Agencies shall prepare an envi-
ronl ,ental assessment (? 1508.9) when
nect sary under the procedures adopt-
ed y individual agencies to supple-
ment these re