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Council on Environmental Quality Executive Office of the President

REGULATIONSFor Implementing The Procedural Provisions Of The

NATIONALENVIRONMENTAL

POLICY ACT

Reprint40 CFR Parts 1500-1508

(2005)

This page is blank

(inside front cover)

TABLE OF CONTENTSPART 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

Sec. 1501.1 Purpose. 1501.2 Apply NEPA early in the process. 1501.3 When to prepare an environmental

assessment. 1501.4 Whether to prepare an environmental

impact statement. 1501.5 Lead agencies. 1501.6 Cooperating agencies. 1501.7 Scoping. 1501.8 Time limits.

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 impactstatements.

1502.5 Timing. 1502.6 Interdisciplinary preparation. 1502.7 Page limits. 1502.8 Writing. 1502.9 Draft, final, and supplemental state-

ments. 1502.10 Recommended format. 1502.11 Cover sheet. 1502.12 Summary. 1502.13 Purpose and need. 1502.14 Alternatives including the proposed

action. 1502.15 Affected environment. 1502.16 Environmental consequences.1502.17 List of preparers. 1502.18 Appendix.

Sec.1502.19 Circulation of the environmental

impact statement. 1502.20 Tiering. 1502.21 Incorporation by reference. 1502.22 Incomplete or unavailable information. 1502.23 Cost-benefit analysis. 1502.24 Methodology and scientific accuracy.1502.25 Environmental review and consulta-

tion requirements.

PART 1503—COMMENTING

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

PART 1504—PREDECISION REFERRALS TOTHE COUNCIL OF PROPOSED

FEDERAL ACTIONS DETERMINED TO BEENVIRONMENTALLY UNSATISFACTORY

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

PART 1505—NEPA AND AGENCY DECISIONMAKING

Sec. 1505.1 Agency decisionmaking procedures. 1505.2 Record of decision in cases requiring

environmental impact statements. 1505.3 Implementing the decision.

PART 1506—OTHER REQUIREMENTSOF 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.

PART 1507—AGENCY COMPLIANCE

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

PART 1508—TERMINOLOGY ANDINDEX

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.

Sec.1508.11 Environmental impact statement. 1508.12 Federal agency. 1508.13 Finding of no significant impact.1508.14 Human environment. 1508.15 Jurisdiction by law. 1508.16 Lead agency. 1508.17 Legislation. 1508.18 Major Federal action. 1508.19 Matter. 1508.20 Mitigation. 1508.21 NEPA process. 1508.22 Notice of intent. 1508.23 Proposal. 1508.24 Referring agency. 1508.25 Scope. 1508.26 Special expertise. 1508.27 Significantly. 1508.28 Tiering. Index.

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.

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

SOURCE: 43 FR 55990, Nov. 28, 1978, unlessotherwise noted.

§1500.1 Purpose.

(a) The National Environmental Policy Act(NEPA) is our basic national charter for protec-tion 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” provi-sions to make sure that federal agencies actaccording to the letter and spirit of the Act. Theregulations that follow implement section102(2). Their purpose is to tell federal agencieswhat they must do to comply with the proce-dures and achieve the goals of the Act. ThePresident, the federal agencies, and the courtsshare responsibility for enforcing the Act so asto achieve the substantive requirements of section 101.

(b) NEPA procedures must insure that envi-ronmental information is available to publicofficials and citizens before decisions are madeand before actions are taken. The informationmust be of high quality. Accurate scientificanalysis, expert agency comments, and publicscrutiny are essential to implementing NEPA.Most important, NEPA documents must con-centrate on the issues that are truly significant tothe action in question, rather than amassingneedless detail.

(c) Ultimately, of course, it is not better doc-uments but better decisions that count. NEPA’spurpose is not to generate paperwork—even

excellent paperwork—but to foster excellentaction. The NEPA process is intended to helppublic officials make decisions that are basedon understanding of environmental conse-quences, and take actions that protect, restore,and enhance the environment. These regula-tions provide the direction to achieve this purpose.

§1500.2 Policy.

Federal agencies shall to the fullest extentpossible:

(a) Interpret and administer the policies, reg-ulations, and public laws of the United States inaccordance with the policies set forth in the Actand in these regulations.

(b) Implement procedures to make the NEPAprocess more useful to decisionmakers and thepublic; to reduce paperwork and the accumula-tion of extraneous background data; and toemphasize real environmental issues and alter-natives. Environmental impact statements shallbe concise, clear, and to the point, and shall besupported by evidence that agencies have madethe necessary environmental analyses.

(c) Integrate the requirements of NEPA withother planning and environmental review pro-cedures required by law or by agency practiceso that all such procedures run concurrentlyrather than consecutively.

(d) Encourage and facilitate public involve-ment in decisions which affect the quality of thehuman environment.

(e) Use the NEPA process to identify andassess the reasonable alternatives to proposedactions that will avoid or minimize adverseeffects of these actions upon the quality of thehuman environment.

(f) Use all practicable means, consistent withthe requirements of the Act and other essentialconsiderations of national policy, to restore andenhance the quality of the human environmentand avoid or minimize any possible adverseeffects of their actions upon the quality of thehuman environment.

§1500.3 Mandate.

Parts 1500 through 1508 of this title provideregulations applicable to and binding on all fed-

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eral agencies for implementing the proceduralprovisions of the National EnvironmentalPolicy Act of 1969, as amended (Pub. L.91–190, 42 U.S.C. 4321 et seq.) (NEPA or theAct) except where compliance would be incon-sistent with other statutory requirements. Theseregulations are issued pursuant to NEPA, theEnvironmental Quality Improvement Act of1970, as amended (42 U.S.C. 4371 et seq.) sec-tion 309 of the Clean Air Act, as amended (42U.S.C. 7609) and Executive Order 11514,Protection and Enhancement of EnvironmentalQuality (March 5, 1970, as amended byExecutive Order 11991, May 24, 1977). Theseregulations, unlike the predecessor guidelines,are not confined to sec. 102(2)(C) (environmen-tal impact statements). The regulations apply tothe whole of section 102(2). The provisions ofthe Act and of these regulations must be readtogether as a whole in order to comply with thespirit and letter of the law. It is the Council’sintention that judicial review of agency compli-ance with these regulations not occur before anagency has filed the final environmental impactstatement, or has made a final finding of no sig-nificant impact (when such a finding will resultin action affecting the environment), or takesaction that will result in irreparable injury.Furthermore, it is the Council’s intention thatany trivial violation of these regulations notgive rise to any independent cause of action.

§1500.4 Reducing paperwork.

Agencies shall reduce excessive paperworkby:

(a) Reducing the length of environmentalimpact statements (§1502.2(c)), by means suchas setting appropriate page limits (§§1501.7(b)(1)and 1502.7).

(b) Preparing analytic rather than encyclope-dic environmental impact statements(§1502.2(a)).

(c) Discussing only briefly issues other thansignificant ones (§1502.2(b)).

(d) Writing environmental impact statementsin plain language (§1502.8).

(e) Following a clear format for environmen-tal impact statements (§1502.10).

(f) Emphasizing the portions of the environ-mental impact statement that are useful to deci-

sionmakers and the public (§§1502.14 and1502.15) and reducing emphasis on backgroundmaterial (§1502.16).

(g) Using the scoping process, not only toidentify significant environmental issuesdeserving of study, but also to deemphasizeinsignificant issues, narrowing the scope of theenvironmental impact statement processaccordingly (§1501.7).

(h) Summarizing the environmental impactstatement (§1502.12) and circulating the sum-mary instead of the entire environmental impactstatement if the latter is unusually long(§1502.19).

(i) Using program, policy, or plan environ-mental impact statements and tiering fromstatements of broad scope to those of narrowerscope, to eliminate repetitive discussions of thesame issues (§§1502.4 and 1502.20).

(j) Incorporating by reference (§1502.21). (k) Integrating NEPA requirements with

other environmental review and consultationrequirements (§1502.25).

(l) Requiring comments to be as specific aspossible (§1503.3).

(m) Attaching and circulating only changesto the draft environmental impact statement,rather than rewriting and circulating the entirestatement when changes are minor (§1503.4(c)).

(n) Eliminating duplication with state andlocal procedures, by providing for joint prepa-ration (§1506.2), and with other federal proce-dures, by providing that an agency may adoptappropriate environmental documents preparedby another agency (§1506.3).

(o) Combining environmental documentswith other documents (§1506.4).

(p) Using categorical exclusions to definecategories of actions which do not individuallyor cumulatively have a significant effect on thehuman environment and which are thereforeexempt from requirements to prepare an envi-ronmental impact statement (§1508.4).

(q) Using a finding of no significant impactwhen an action not otherwise excluded will nothave a significant effect on the human environ-ment and is therefore exempt from requirementsto prepare an environmental impact statement(§1508.13).

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

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§1500.5 Reducing delay.

Agencies shall reduce delay by: (a) Integrating the NEPA process into early

planning (§1501.2). (b) Emphasizing interagency cooperation

before the environmental impact statement isprepared, rather than submission of adversarycomments on a completed document (§1501.6).

(c) Insuring the swift and fair resolution oflead agency disputes (§1501.5).

(d) Using the scoping process for an earlyidentification of what are and what are not thereal issues (§1501.7).

(e) Establishing appropriate time limits forthe environmental impact statement process(§§1501.7(b)(2) and 1501.8).

(f) Preparing environmental impact state-ments early in the process (§1502.5).

(g) Integrating NEPA requirements withother environmental review and consultationrequirements (§1502.25).

(h) Eliminating duplication with state andlocal procedures by providing for joint prepara-tion (§1506.2), and with other federal proce-dures by providing that an agency may adoptappropriate environmental documents preparedby another agency (§1506.3).

(i) Combining environmental documentswith other documents (§1506.4).

(j) Using accelerated procedures for propos-als for legislation (§1506.8).

(k) Using categorical exclusions to definecategories of actions which do not individuallyor cumulatively have a significant effect on thehuman environment (§1508.4) and which aretherefore exempt from requirements to preparean environmental impact statement.

(l) Using a finding of no significant impactwhen an action not otherwise excluded will nothave a significant effect on the human environ-ment (§1508.13) and is therefore exempt fromrequirements to prepare an environmentalimpact statement.

§1500.6 Agency authority.

Each agency shall interpret the provisions ofthe Act as a supplement to its existing authorityand as a mandate to view traditional policiesand missions in the light of the Act’s national

environmental objectives. Agencies shallreview their policies, procedures, and regula-tions accordingly and revise them as necessaryto insure full compliance with the purposes andprovisions of the Act. The phrase “to the fullestextent possible” in section 102 means that eachagency of the federal government shall complywith that section unless existing law applicableto the agency’s operations expressly prohibitsor makes compliance impossible.

PART 1501—NEPA AND AGENCY PLANNING

Sec. 1501.1 Purpose. 1501.2 Apply NEPA early in the process. 1501.3 When to prepare an environmental

assessment. 1501.4 Whether to prepare an environmental

impact statement. 1501.5 Lead agencies. 1501.6 Cooperating agencies. 1501.7 Scoping. 1501.8 Time limits.

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


§1501.1 Purpose.

The purposes of this part include: (a) Integrating the NEPA process into early

planning to insure appropriate consideration ofNEPA’s policies and to eliminate delay.

(b) Emphasizing cooperative consultationamong agencies before the environmentalimpact statement is prepared rather than sub-mission of adversary comments on a completeddocument.

(c) Providing for the swift and fair resolutionof lead agency disputes.

(d) Identifying at an early stage the signifi-cant environmental issues deserving of study

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and deemphasizing insignificant issues, narrow-ing the scope of the environmental impact state-ment accordingly.

(e) Providing a mechanism for puttingappropriate time limits on the environmentalimpact statement process.

§1501.2 Apply NEPA early in the process.

Agencies shall integrate the NEPA processwith other planning at the earliest possible timeto insure that planning and decisions reflectenvironmental values, to avoid delays later inthe process, and to head off potential conflicts.Each agency shall:

(a) Comply with the mandate of section102(2)(A) to “utilize a systematic, interdiscipli-nary approach which will insure the integrateduse of the natural and social sciences and theenvironmental design arts in planning and indecisionmaking which may have an impact onman’s environment,” as specified by §1507.2.

(b) Identify environmental effects and valuesin adequate detail so they can be compared toeconomic and technical analyses. Environmentaldocuments and appropriate analyses shall be circulated and reviewed at the same time as otherplanning documents.

(c) Study, develop, and describe appropriatealternatives to recommended courses of actionin any proposal which involves unresolved con-flicts concerning alternative uses of availableresources as provided by section 102(2)(E) ofthe Act.

(d) Provide for cases where actions areplanned by private applicants or other non-fed-eral entities before federal involvement so that:

(1) Policies or designated staff are availableto advise potential applicants of studies or otherinformation foreseeably required for later feder-al action.

(2) The federal agency consults early withappropriate state and local agencies and Indiantribes and with interested private persons andorganizations when its own involvement is rea-sonably foreseeable.

(3) The federal agency commences its NEPAprocess at the earliest possible time.

§1501.3 When to prepare an environmentalassessment.

(a) Agencies shall prepare an environmentalassessment (§1508.9) when necessary under theprocedures adopted by individual agencies tosupplement these regulations as described in§1507.3. An assessment is not necessary if theagency has decided to prepare an environmentalimpact statement.

(b) Agencies may prepare an environmentalassessment on any action at any time in order toassist agency planning and decisionmaking.

§1501.4 Whether to prepare an environmental impact statement.

In determining whether to prepare an envi-ronmental impact statement the federal agencyshall:

(a) Determine under its procedures supple-menting these regulations (described in §1507.3)whether the proposal is one which:

(1) Normally requires an environmentalimpact statement, or

(2) Normally does not require either an envi-ronmental impact statement or an environmen-tal assessment (categorical exclusion).

(b) If the proposed action is not covered byparagraph (a) of this section, prepare an envi-ronmental assessment (§1508.9). The agencyshall involve environmental agencies, appli-cants, and the public, to the extent practicable,in preparing assessments required by§1508.9(a)(1).

(c) Based on the environmental assessmentmake its determination whether to prepare anenvironmental impact statement.

(d) Commence the scoping process (§1501.7),if the agency will prepare an environmentalimpact statement.

(e) Prepare a finding of no significant impact(§1508.13), if the agency determines on thebasis of the environmental assessment not toprepare a statement.

(1) The agency shall make the finding of nosignificant impact available to the affected pub-lic as specified in §1506.6.

(2) In certain limited circumstances, whichthe agency may cover in its procedures under§1507.3, the agency shall make the finding of

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no significant impact available for publicreview (including state and areawide clearing-houses) for 30 days before the agency makes itsfinal determination whether to prepare an envi-ronmental impact statement and before theaction may begin. The circumstances are:

(i) The proposed action is, or is closely sim-ilar to, one which normally requires the prepa-ration of an environmental impact statementunder the procedures adopted by the agencypursuant to §1507.3, or

(ii) The nature of the proposed action is onewithout precedent.

§1501.5 Lead agencies.

(a) A lead agency shall supervise the prepa-ration of an environmental impact statement ifmore than one federal agency either:

(1) Proposes or is involved in the sameaction; or

(2) Is involved in a group of actions directlyrelated to each other because of their functionalinterdependence or geographical proximity.

(b) Federal, state, or local agencies, includ-ing at least one federal agency, may act as jointlead agencies to prepare an environmentalimpact statement (§1506.2).

(c) If an action falls within the provisions ofparagraph (a) of this section the potential leadagencies shall determine by letter or memoran-dum which agency shall be the lead agency andwhich shall be cooperating agencies. The agen-cies shall resolve the lead agency question so asnot to cause delay. If there is disagreementamong the agencies, the following factors(which are listed in order of descending impor-tance) shall determine lead agency designation:

(1) Magnitude of agency’s involvement. (2) Project approval/disapproval authority. (3) Expertise concerning the action’s envi-

ronmental effects. (4) Duration of agency’s involvement. (5) Sequence of agency’s involvement. (d) Any federal agency, or any state or local

agency or private person substantially affectedby the absence of lead agency designation, maymake a written request to the potential leadagencies that a lead agency be designated.

(e) If federal agencies are unable to agree onwhich agency will be the lead agency or if the

procedure described in paragraph (c) of this sec-tion has not resulted within 45 days in a leadagency designation, any of the agencies or per-sons concerned may file a request with theCouncil asking it to determine which Federalagency shall be the lead agency. A copy of therequest shall be transmitted to each potentiallead agency. The request shall consist of:

(1) A precise description of the nature andextent of the proposed action.

(2) A detailed statement of why each poten-tial lead agency should or should not be the leadagency under the criteria specified in paragraph(c) of this section.

(f) A response may be filed by any potentiallead agency concerned within 20 days after arequest is filed with the Council. The Councilshall determine as soon as possible but not laterthan 20 days after receiving the request and allresponses to it which federal agency shall be thelead agency and which other federal agenciesshall be cooperating agencies.

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

§1501.6 Cooperating agencies.

The purpose of this section is to emphasizeagency cooperation early in the NEPA process.Upon request of the lead agency, any other fed-eral agency which has jurisdiction by law shallbe a cooperating agency. In addition any otherfederal agency which has special expertise withrespect to any environmental issue, whichshould be addressed in the statement may be acooperating agency upon request of the leadagency. An agency may request the lead agencyto designate it a cooperating agency.

(a) The lead agency shall: (1) Request the participation of each cooper-

ating agency in the NEPA process at the earliestpossible time.

(2) Use the environmental analysis and pro-posals of cooperating agencies with jurisdictionby law or special expertise, to the maximumextent possible consistent with its responsibilityas lead agency.

(3) Meet with a cooperating agency at thelatter’s request.

(b) Each cooperating agency shall: (1) Participate in the NEPA process at the

earliest possible time.

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(2) Participate in the scoping process(described below in §1501.7).

(3) Assume on request of the lead agencyresponsibility for developing information andpreparing environmental analyses includingportions of the environmental impact statementconcerning which the cooperating agency hasspecial expertise.

(4) Make available staff support at the leadagency’s request to enhance the latter’s interdis-ciplinary capability.

(5) Normally use its own funds. The leadagency shall, to the extent available funds per-mit, fund those major activities or analyses itrequests from cooperating agencies. Potentiallead agencies shall include such fundingrequirements in their budget requests.

(c) A cooperating agency may in response toa lead agency’s request for assistance in preparing the environmental impact statement(described in paragraph (b) (3), (4), or (5) ofthis section) reply that other program commit-ments preclude any involvement or the degreeof involvement requested in the action that isthe subject of the environmental impact state-ment. A copy of this reply shall be submitted tothe Council.

§1501.7 Scoping.

There shall be an early and open process fordetermining the scope of issues to be addressedand for identifying the significant issues relatedto a proposed action. This process shall betermed scoping. As soon as practicable after itsdecision to prepare an environmental impactstatement and before the scoping process thelead agency shall publish a notice of intent(§1508.22) in the FEDERAL REGISTER except asprovided in §1507.3(e).

(a) As part of the scoping process the leadagency shall:

(1) Invite the participation of affected feder-al, state, and local agencies, any affected Indiantribe, the proponent of the action, and otherinterested persons (including those who mightnot be in accord with the action on environmen-tal grounds), unless there is a limited exceptionunder §1507.3(c). An agency may give notice inaccordance with §1506.6.

(2) Determine the scope (§1508.25) and thesignificant issues to be analyzed in depth in theenvironmental impact statement.

(3) Identify and eliminate from detailedstudy the issues which are not significant orwhich have been covered by prior environmen-tal review (§1506.3), narrowing the discussionof these issues in the statement to a brief pres-entation of why they will not have a significanteffect on the human environment or providing areference to their coverage elsewhere.

(4) Allocate assignments for preparation ofthe environmental impact statement among thelead and cooperating agencies, with the leadagency retaining responsibility for the state-ment.

(5) Indicate any public environmentalassessments and other environmental impactstatements which are being or will be preparedthat are related to but are not part of the scopeof the impact statement under consideration.

(6) Identify other environmental review andconsultation requirements so the lead and coop-erating agencies may prepare other requiredanalyses and studies concurrently with, andintegrated with, the environmental impact state-ment as provided in §1502.25.

(7) Indicate the relationship between the tim-ing of the preparation of environmental analy-ses and the agency’s tentative planning anddecisionmaking schedule.

(b) As part of the scoping process the leadagency may:

(1) Set page limits on environmental docu-ments (§1502.7).

(2) Set time limits (§1501.8). (3) Adopt procedures under §1507.3 to com-

bine its environmental assessment process withits scoping process.

(4) Hold an early scoping meeting or meet-ings which may be integrated with any otherearly planning meeting the agency has. Such ascoping meeting will often be appropriate whenthe impacts of a particular action are confined tospecific sites.

(c) An agency shall revise the determinationsmade under paragraphs (a) and (b) of this sec-tion if substantial changes are made later in theproposed action, or if significant new circum-stances or information arise which bear on theproposal or its impacts.

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§1501.8 Time limits.

Although the Council has decided that pre-scribed universal time limits for the entire NEPAprocess are too inflexible, federal agencies areencouraged to set time limits appropriate to indi-vidual actions (consistent with the time intervalsrequired by §1506.10). When multiple agenciesare involved the reference to agency below meanslead agency.

(a) The agency shall set time limits if an appli-cant for the proposed action requests them:Provided, That the limits are consistent with thepurposes of NEPA and other essential considera-tions of national policy.

(b) The agency may: (1) Consider the following factors in deter-

mining time limits: (i) Potential for environmental harm. (ii) Size of the proposed action. (iii) State of the art of analytic techniques. (iv) Degree of public need for the proposed

action, including the consequences of delay. (v) Number of persons and agencies affected. (vi) Degree to which relevant information is

known and if not known the time required forobtaining it.

(vii) Degree to which the action is controver-sial.

(viii) Other time limits imposed on the agencyby law, regulations, or executive order.

(2) Set overall time limits or limits for eachconstituent part of the NEPA process, which mayinclude:

(i) Decision on whether to prepare an environ-mental impact statement (if not already decided).

(ii) Determination of the scope of the environ-mental impact statement.

(iii) Preparation of the draft environmentalimpact statement.

(iv) Review of any comments on the draftenvironmental impact statement from the publicand agencies.

(v) Preparation of the final environmentalimpact statement.

(vi) Review of any comments on the finalenvironmental impact statement.

(vii) Decision on the action based in part onthe environmental impact statement.

(3) Designate a person (such as the projectmanager or a person in the agency’s office with

NEPA responsibilities) to expedite the NEPAprocess.

(c) State or local agencies or members of thepublic may request a federal agency to set timelimits.

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 impactstatements.

1502.5 Timing. 1502.6 Interdisciplinary preparation. 1502.7 Page limits. 1502.8 Writing. 1502.9 Draft, final, and supplemental

statements. 1502.10 Recommended format. 1502.11 Cover sheet. 1502.12 Summary. 1502.13 Purpose and need. 1502.14 Alternatives including the proposed

action. 1502.15 Affected environment. 1502.16 Environmental consequences.1502.17 List of preparers. 1502.18 Appendix. 1502.19 Circulation of the environmental

impact statement. 1502.20 Tiering. 1502.21 Incorporation by reference. 1502.22 Incomplete or unavailable

information. 1502.23 Cost-benefit analysis. 1502.24 Methodology and scientific accuracy.1502.25 Environmental review and

consultation requirements.

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


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§1502.1 Purpose.

The primary purpose of an environmentalimpact statement is to serve as an action-forcingdevice to insure that the policies and goalsdefined in the Act are infused into the ongoing programs and actions of the federalgovernment. It shall provide full and fair dis-cussion of significant environmental impactsand shall inform decisionmakers and the publicof the reasonable alternatives which wouldavoid or minimize adverse impacts or enhancethe quality of the human environment. Agenciesshall focus on significant environmental issuesand alternatives and shall reduce paperwork andthe accumulation of extraneous backgrounddata. Statements shall be concise, clear, and tothe point, and shall be supported by evidencethat the agency has made the necessary envi-ronmental analyses. An environmental impactstatement is more than a disclosure document. Itshall be used by federal officials in conjunctionwith other relevant material to plan actions andmake decisions.

§1502.2 Implementation.

To achieve the purposes set forth in §1502.1agencies shall prepare environmental impactstatements in the following manner:

(a) Environmental impact statements shall beanalytic rather than encyclopedic.

(b) Impacts shall be discussed in proportionto their significance. There shall be only briefdiscussion of other than significant issues. As ina finding of no significant impact, there shouldbe only enough discussion to show why morestudy is not warranted.

(c) Environmental impact statements shall bekept concise and shall be no longer thanabsolutely necessary to comply with NEPA andwith these regulations. Length should vary firstwith potential environmental problems and thenwith project size.

(d) Environmental impact statements shallstate how alternatives considered in it and deci-sions based on it will or will not achieve therequirements of sections 101 and 102(1) of theAct and other environmental laws and policies.

(e) The range of alternatives discussed inenvironmental impact statements shall encom-pass those to be considered by the ultimateagency decisionmaker.

(f) Agencies shall not commit resources prej-udicing selection of alternatives before makinga final decision (§1506.1).

(g) Environmental impact statements shallserve as the means of assessing the environ-mental 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 envi-ronmental impact statements (§1508.11) are tobe included in every recommendation or report.

On proposals (§1508.23). For legislation and (§1508.17). Other major federal actions (§1508.18). Significantly (§1508.27). Affecting (§§1508.3, 1508.8). The quality of the human environment

(§1508.14).

§1502.4 Major Federal actions requiring thepreparation of environmentalimpact statements.

(a) Agencies shall make sure the proposalwhich is the subject of an environmental impactstatement is properly defined. Agencies shalluse the criteria for scope (§1508.25) to deter-mine which proposal(s) shall be the subject of aparticular statement. Proposals or parts of pro-posals which are related to each other closelyenough to be, in effect, a single course of actionshall be evaluated in a single impact statement.

(b) Environmental impact statements may beprepared, and are sometimes required, for broadfederal actions such as the adoption of newagency programs or regulations (§1508.18).Agencies shall prepare statements on broadactions so that they are relevant to policy andare timed to coincide with meaningful points inagency planning and decisionmaking.

(c) When preparing statements on broadactions (including proposals by more than one

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agency), agencies may find it useful to evaluatethe proposal(s) in one of the following ways:

(1) Geographically, including actions occur-ring in the same general location, such as bodyof water, region, or metropolitan area.

(2) Generically, including actions whichhave relevant similarities, such as common tim-ing, impacts, alternatives, methods of imple-mentation, media, or subject matter.

(3) By stage of technological developmentincluding federal or federally assisted research,development or demonstration programs fornew technologies which, if applied, could sig-nificantly affect the quality of the human envi-ronment. Statements shall be prepared on suchprograms and shall be available before the pro-gram has reached a stage of investment or com-mitment to implementation likely to determinesubsequent development or restrict later alter-natives.

(d) Agencies shall as appropriate employscoping (§1501.7), tiering (§1502.20), andother methods listed in §§1500.4 and 1500.5 torelate broad and narrow actions and to avoidduplication and delay.

§1502.5 Timing.

An agency shall commence preparation of anenvironmental impact statement as close as pos-sible to the time the agency is developing or ispresented with a proposal (§1508.23) so thatpreparation can be completed in time for thefinal statement to be included in any recom-mendation or report on the proposal. The state-ment shall be prepared early enough so that itcan serve practically as an important contribu-tion to the decisionmaking process and will notbe used to rationalize or justify decisions alreadymade (§§1500.2(c), 1501.2, and 1502.2). Forinstance:

(a) For projects directly undertaken by feder-al agencies the environmental impact statementshall be prepared at the feasibility analysis (go-no go) stage and may be supplemented at a laterstage if necessary.

(b) For applications to the agency appropri-ate environmental assessments or statementsshall be commenced no later than immediatelyafter the application is received. Federal agen-cies are encouraged to begin preparation of such

assessments or statements earlier, preferablyjointly with applicable state or local agencies.

(c) For adjudication, the final environmentalimpact statement shall normally precede thefinal staff recommendation and that portion ofthe public hearing related to the impact study. Inappropriate circumstances the statement mayfollow preliminary hearings designed to gatherinformation for use in the statements.

(d) For informal rulemaking the draft envi-ronmental impact statement shall normallyaccompany the proposed rule.

§1502.6 Interdisciplinary preparation.

Environmental impact statements shall beprepared using an inter-disciplinary approachwhich will insure the integrated use of the natu-ral and social sciences and the environmentaldesign arts (section 102(2)(A) of the Act). Thedisciplines of the preparers shall be appropriateto the scope and issues identified in the scopingprocess (§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 pagesand for proposals of unusual scope or complex-ity shall normally be less than 300 pages.

§1502.8 Writing.

Environmental impact statements shall bewritten in plain language and may use appropri-ate graphics so that decisionmakers and thepublic can readily understand them. Agenciesshould employ writers of clear prose or editorsto write, review, or edit statements, which willbe based upon the analysis and supporting datafrom the natural and social sciences and theenvironmental design arts.

§1502.9 Draft, final, and supplemental statements.

Except for proposals for legislation as pro-vided in §1506.8 environmental impact state-ments shall be prepared in two stages and maybe supplemented.

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(a) Draft environmental impact statementsshall be prepared in accordance with the scopedecided upon in the scoping process. The leadagency shall work with the cooperating agen-cies and shall obtain comments as required inpart 1503 of this chapter. The draft statementmust fulfill and satisfy to the fullest extent pos-sible the requirements established for finalstatements in section 102(2)(C) of the Act. If adraft statement is so inadequate as to precludemeaningful analysis, the agency shall prepareand circulate a revised draft of the appropriateportion. The agency shall make every effort todisclose and discuss at appropriate points in thedraft statement all major points of view on theenvironmental impacts of the alternativesincluding the proposed action.

(b) Final environmental impact statementsshall respond to comments as required in part1503 of this chapter. The agency shall discuss atappropriate points in the final statement anyresponsible opposing view which was not ade-quately discussed in the draft statement andshall indicate the agency’s response to theissues raised.

(c) Agencies: (1) Shall prepare supplements to either draft

or final environmental impact statements if: (i) The agency makes substantial changes in

the proposed action that are relevant to environ-mental concerns; or

(ii) There are significant new circumstancesor information relevant to environmental con-cerns and bearing on the proposed action or itsimpacts.

(2) May also prepare supplements when theagency determines that the purposes of the Actwill be furthered by doing so.

(3) Shall adopt procedures for introducing asupplement into its formal administrativerecord, if such a record exists.

(4) Shall prepare, circulate, and file a sup-plement to a statement in the same fashion(exclusive of scoping) as a draft and final state-ment unless alternative procedures areapproved by the Council.

§1502.10 Recommended format.

Agencies shall use a format for environmen-tal impact statements which will encourage

good analysis and clear presentation of thealternatives including the proposed action. Thefollowing standard format for environmentalimpact statements should be followed unlessthe agency determines that there is a compellingreason to do otherwise:

(a) Cover sheet. (b) Summary. (c) Table of contents. (d) Purpose of and need for action. (e) Alternatives including proposed action

(sections 102(2)(C)(iii) and 102(2)(E) of theAct).

(f) Affected environment. (g) Environmental consequences (especially

sections 102(2)(C)(i), (ii), (iv), and (v) of theAct).

(h) List of preparers. (i) List of agencies, organizations, and per-

sons to whom copies of the statement are sent. (j) Index. (k) Appendices (if any).

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

§1502.11 Cover sheet.

The cover sheet shall not exceed one page. Itshall include:

(a) A list of the responsible agencies includ-ing the lead agency and any cooperating agen-cies.

(b) The title of the proposed action that is thesubject of the statement (and if appropriate thetitles of related cooperating agency actions),together with the state(s) and county(ies) (orother jurisdiction if applicable) where the actionis located.

(c) The name, address, and telephone num-ber of the person at the agency who can supplyfurther information.

(d) A designation of the statement as a draft,final, or draft or final supplement.

(e) A one paragraph abstract of the statement. (f) The date by which comments must be

received (computed in cooperation with EPA

10

under §1506.10). The information required bythis section may be entered on Standard Form424 (in items 4, 6, 7, 10, and 18).

§1502.12 Summary.

Each environmental impact statement shallcontain a summary which adequately and accu-rately summarizes the statement. The summaryshall stress the major conclusions, areas of con-troversy (including issues raised by agenciesand the public), and the issues to be resolved(including the choice among alternatives). Thesummary will normally not exceed 15 pages.

§1502.13 Purpose and need.

The statement shall briefly specify theunderlying purpose and need to which theagency is responding in proposing the alterna-tives including the proposed action.

§1502.14 Alternatives including the proposed action.

This section is the heart of the environmen-tal impact statement. Based on the informationand analysis presented in the sections on theAffected Environment (§1502.15) and theEnvironmental Consequences (§1502.16), itshould present the environmental impacts of theproposal and the alternatives in comparativeform, thus sharply defining the issues and pro-viding a clear basis for choice among options bythe decisionmaker and the public. In this sectionagencies shall:

(a) Rigorously explore and objectively evaluateall reasonable alternatives, and for alternativeswhich were eliminated from detailed study, brieflydiscuss the reasons for their having been eliminated.

(b) Devote substantial treatment to eachalternative considered in detail including theproposed action so that reviewers may evaluatetheir comparative merits.

(c) Include reasonable alternatives not with-in the jurisdiction of the lead agency.

(d) Include the alternative of no action. (e) Identify the agency’s preferred alterna-

tive or alternatives, if one or more exists, in thedraft statement and identify such alternative in

the final statement unless another law prohibitsthe expression of such a preference.

(f) Include appropriate mitigation measuresnot already included in the proposed action oralternatives.

§1502.15 Affected environment.

The environmental impact statement shallsuccinctly describe the environment of thearea(s) to be affected or created by the alterna-tives under consideration. The description shallbe no longer than is necessary to understand theeffects of the alternatives. Data and analyses ina statement shall be commensurate with theimportance of the impact, with less importantmaterial summarized, consolidated, or simplyreferenced. Agencies shall avoid useless bulk instatements and shall concentrate effort andattention on important issues. Verbose descrip-tions of the affected environment are them-selves no measure of the adequacy of an envi-ronmental impact statement.

§1502.16 Environmental consequences.

This section forms the scientific and analyticbasis for the comparisons under §1502.14. Itshall consolidate the discussions of those ele-ments required by sections 102(2)(C)(i), (ii),(iv), and (v) of NEPA which are within thescope of the statement and as much of section102(2)(C)(iii) as is necessary to support thecomparisons. The discussion will include theenvironmental impacts of the alternativesincluding the proposed action, any adverseenvironmental effects which cannot be avoidedshould the proposal be implemented, the rela-tionship between short-term uses of man’s envi-ronment and the maintenance and enhancementof long-term productivity, and any irreversibleor irretrievable commitments of resourceswhich would be involved in the proposal shouldit be implemented. This section should notduplicate discussions in §1502.14. It shallinclude discussions of:

(a) Direct effects and their significance(§1508.8).

(b) Indirect effects and their significance(§1508.8).

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(c) Possible conflicts between the proposedaction and the objectives of federal, regional,state, and local (and in the case of a reservation,Indian tribe) land use plans, policies and con-trols for the area concerned. (See §1506.2(d).)

(d) The environmental effects of alternativesincluding the proposed action. The comparisonsunder §1502.14 will be based on this discus-sion.

(e) Energy requirements and conservationpotential of various alternatives and mitigationmeasures.

(f) Natural or depletable resource require-ments and conservation potential of variousalternatives and mitigation measures.

(g) Urban quality, historic and culturalresources, and the design of the built environ-ment, including the reuse and conservationpotential of various alternatives and mitigationmeasures.

(h) Means to mitigate adverse environmentalimpacts (if not fully covered under §1502.14(f)).

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

§1502.17 List of preparers.

The environmental impact statement shalllist the names, together with their qualifications(expertise, experience, professional disci-plines), of the persons who were primarilyresponsible for preparing the environmentalimpact statement or significant backgroundpapers, including basic components of the state-ment (§§1502.6 and 1502.8). Where possiblethe persons who are responsible for a particularanalysis, including analyses in backgroundpapers, shall be identified. Normally the list willnot exceed two pages.

§1502.18 Appendix.

If an agency prepares an appendix to anenvironmental impact statement the appendixshall:

(a) Consist of material prepared in connec-tion with an environmental impact statement (asdistinct from material which is not so preparedand which is incorporated by reference(§1502.21)).

(b) Normally consist of material which sub-stantiates any analysis fundamental to theimpact statement.

(c) Normally be analytic and relevant to thedecision to be made.

(d) Be circulated with the environmentalimpact statement or be readily available onrequest.

§1502.19 Circulation of the environmentalimpact statement.

Agencies shall circulate the entire draft andfinal environmental impact statements exceptfor certain appendices as provided in§1502.18(d) and unchanged statements as pro-vided in §1503.4(c). However, if the statementis unusually long, the agency may circulate thesummary instead, except that the entire state-ment shall be furnished to:

(a) Any federal agency which has jurisdic-tion by law or special expertise with respect toany environmental impact involved and anyappropriate federal, state or local agencyauthorized to develop and enforce environmen-tal standards.

(b) The applicant, if any. (c) Any person, organization, or agency

requesting the entire environmental impactstatement.

(d) In the case of a final environmentalimpact statement any person, organization, oragency which submitted substantive commentson the draft. If the agency circulates the sum-mary and thereafter receives a timely requestfor the entire statement and for additional timeto comment, the time for that requestor onlyshall be extended by at least 15 days beyond theminimum period.

§1502.20 Tiering.

Agencies are encouraged to tier their envi-ronmental impact statements to eliminate repet-itive discussions of the same issues and to focuson the actual issues ripe for decision at eachlevel of environmental review (§1508.28).Whenever a broad environmental impact state-ment has been prepared (such as a program orpolicy statement) and a subsequent statement or

12

environmental assessment is then prepared onan action included within the entire program orpolicy (such as a site specific action) the subse-quent statement or environmental assessmentneed only summarize the issues discussed in thebroader statement and incorporate discussionsfrom the broader statement by reference andshall concentrate on the issues specific to thesubsequent action. The subsequent documentshall state where the earlier document is avail-able. Tiering may also be appropriate for differ-ent stages of actions. (Section 1508.28).

§1502.21 Incorporation by reference.

Agencies shall incorporate material into anenvironmental impact statement by referencewhen the effect will be to cut down on bulkwithout impeding agency and public review ofthe action. The incorporated material shall becited in the statement and its content brieflydescribed. No material may be incorporated byreference unless it is reasonably available forinspection by potentially interested personswithin the time allowed for comment. Materialbased on proprietary data which is itself notavailable for review and comment shall not beincorporated by reference.

§1502.22 Incomplete or unavailable information.

When an agency is evaluating reasonablyforeseeable significant adverse effects on thehuman environment in an environmental impactstatement and there is incomplete or unavail-able information, the agency shall always makeclear that such information is lacking.

(a) If the incomplete information relevant toreasonably foreseeable significant adverseimpacts is essential to a reasoned choice amongalternatives and the overall costs of obtaining itare not exorbitant, the agency shall include theinformation in the environmental impact state-ment.

(b) If the information relevant to reasonablyforeseeable significant adverse impacts cannotbe obtained because the overall costs of obtain-ing it are exorbitant or the means to obtain it are

not known, the agency shall include within theenvironmental impact statement: (1) A state-ment that such information is incomplete orunavailable; (2) a statement of the relevance ofthe incomplete or unavailable information toevaluating reasonably foreseeable significantadverse impacts on the human environment; (3)a summary of existing credible scientific evi-dence which is relevant to evaluating the rea-sonably foreseeable significant adverse impactson the human environment; and (4) the agency’sevaluation of such impacts based upon theoret-ical approaches or research methods generallyaccepted in the scientific community. For thepurposes of this section, “reasonably foresee-able” includes impacts which have catastrophicconsequences, even if their probability ofoccurrence is low, provided that the analysis ofthe impacts is supported by credible scientificevidence, is not based on pure conjecture, and iswithin the rule of reason.

(c) The amended regulation will be applica-ble to all environmental impact statements forwhich a Notice of Intent (40 CFR 1508.22) ispublished in the FEDERAL REGISTER on or afterMay 27, 1986. For environmental impact state-ments in progress, agencies may choose to com-ply with the requirements of either the originalor amended regulation.

[51 FR 15625, Apr. 25, 1986]

§1502.23 Cost-benefit analysis.

If a cost-benefit analysis relevant to thechoice among environmentally different alter-natives is being considered for the proposedaction, it shall be incorporated by reference orappended to the statement as an aid in evaluat-ing the environmental consequences. To assessthe adequacy of compliance with section102(2)(B) of the Act the statement shall, when acost-benefit analysis is prepared, discuss therelationship between that analysis and anyanalyses of unquantified environmentalimpacts, values, and amenities. For purposes ofcomplying with the Act, the weighing of themerits and drawbacks of the various alternativesneed not be displayed in a monetary cost-bene-fit analysis and should not be when there are

13

important qualitative considerations. In anyevent, an environmental impact statementshould at least indicate those considerations,including factors not related to environmentalquality, which are likely to be relevant andimportant to a decision.

§1502.24 Methodology and scientific accuracy.

Agencies shall insure the professionalintegrity, including scientific integrity, of thediscussions and analyses in environmentalimpact statements. They shall identify anymethodologies used and shall make explicit ref-erence by footnote to the scientific and othersources relied upon for conclusions in the state-ment. An agency may place discussion ofmethodology in an appendix.

§1502.25 Environmental review and consultation requirements.

(a) To the fullest extent possible, agenciesshall prepare draft environmental impact state-ments concurrently with and integrated withenvironmental impact analyses and related sur-veys and studies required by the Fish andWildlife Coordination Act (16 U.S.C. 661 etseq.), the National Historic Preservation Act of1966 (16 U.S.C. 470 et seq.), the EndangeredSpecies Act of 1973 (16 U.S.C. 1531 et seq.),and other environmental review laws and exec-utive orders.

(b) The draft environmental impact state-ment shall list all federal permits, licenses, andother entitlements which must be obtained inimplementing the proposal. If it is uncertainwhether a federal permit, license, or other enti-tlement is necessary, the draft environmentalimpact 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 QualityImprovement Act of 1970, as amended (42U.S.C. 4371 et seq.), sec. 309 of the Clean Air

Act, as amended (42 U.S.C. 7609), and E.O.11514 (Mar. 5, 1970, as amended by E.O.11991, May 24, 1977). SOURCE: 43 FR 55997, Nov. 29, 1978, unlessotherwise noted.

§1503.1 Inviting comments.

(a) After preparing a draft environmentalimpact statement and before preparing a finalenvironmental impact statement the agencyshall:

(1) Obtain the comments of any federalagency which has jurisdiction by law or specialexpertise with respect to any environmentalimpact involved or which is authorized todevelop and enforce environmental standards.

(2) Request the comments of: (i) Appropriate state and local agencies

which are authorized to develop and enforceenvironmental standards;

(ii) Indian tribes, when the effects may be ona reservation; and

(iii) Any agency which has requested that itreceive statements on actions of the kind pro-posed. Office of Management and BudgetCircular A–95 (Revised), through its system ofclearinghouses, provides a means of securingthe views of state and local environmental agen-cies. The clearinghouses may be used, by mutu-al agreement of the lead agency and the clear-inghouse, for securing state and local reviews ofthe draft environmental impact statements.

(3) Request comments from the applicant, ifany.

(4) Request comments from the public, affir-matively soliciting comments from those per-sons or organizations who may be interested oraffected.

(b) An agency may request comments on afinal environmental impact statement before thedecision is finally made. In any case other agen-cies or persons may make comments before thefinal decision unless a different time is provid-ed under §1506.10.

§1503.2 Duty to comment.

Federal agencies with jurisdiction by law orspecial expertise with respect to any environ-mental impact involved and agencies which areauthorized to develop and enforce environmen-

14

tal standards shall comment on statements with-in their jurisdiction, expertise, or authority.Agencies shall comment within the time periodspecified for comment in §1506.10. A Federalagency may reply that it has no comment. If acooperating agency is satisfied that its views areadequately reflected in the environmentalimpact statement, it should reply that it has nocomment.

§1503.3 Specificity of comments.

(a) Comments on an environmental impactstatement or on a proposed action shall be asspecific as possible and may address either theadequacy of the statement or the merits of thealternatives discussed or both.

(b) When a commenting agency criticizes alead agency’s predictive methodology, the com-menting agency should describe the alternativemethodology which it prefers and why.

(c) A cooperating agency shall specify in itscomments whether it needs additional informa-tion to fulfill other applicable environmentalreviews or consultation requirements and whatinformation it needs. In particular, it shall spec-ify any additional information it needs to com-ment adequately on the draft statement’s analy-sis of significant site-specific effects associatedwith the granting or approving by that cooperat-ing agency of necessary federal permits, licens-es, or entitlements.

(d) When a cooperating agency with juris-diction by law objects to or expresses reserva-tions about the proposal on grounds of environ-mental impacts, the agency expressing theobjection or reservation shall specify the miti-gation measures it considers necessary to allowthe agency to grant or approve applicable per-mit, license, or related requirements or concur-rences.

§1503.4 Response to comments.

(a) An agency preparing a final environmen-tal impact statement shall assess and considercomments both individually and collectively,and shall respond by one or more of the meanslisted below, stating its response in the finalstatement. Possible responses are to:

(1) Modify alternatives including the pro-posed action.

(2) Develop and evaluate alternatives notpreviously given serious consideration by theagency.

(3) Supplement, improve, or modify itsanalyses.

(4) Make factual corrections. (5) Explain why the comments do not war-

rant further agency response, citing the sources,authorities, or reasons which support theagency’s position and, if appropriate, indicatethose circumstances which would triggeragency reappraisal or further response.

(b) All substantive comments received on thedraft statement (or summaries thereof where theresponse has been exceptionally voluminous),should be attached to the final statementwhether or not the comment is thought to meritindividual discussion by the agency in the textof the statement.

(c) If changes in response to comments areminor and are confined to the responsesdescribed in paragraphs (a)(4) and (5) of thissection, agencies may write them on erratasheets and attach them to the statement insteadof rewriting the draft statement. In such casesonly the comments, the responses, and thechanges and not the final statement need be cir-culated (§1502.19). The entire document with anew cover sheet shall be filed as the final state-ment (§1506.9).

PART 1504—PREDECISION REFERRALSTO THE COUNCIL OF PROPOSED

FEDERAL ACTIONS DETERMINED TO BEENVIRONMENTALLY UNSATISFACTORY

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

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

Source: 43FR 55998, Nov. 29, 1978 unlessotherwise noted.

15

§1504.1 Purpose.

(a) This part establishes procedures for refer-ring to the Council federal interagency dis-agreements concerning proposed major federalactions that might cause unsatisfactory environ-mental effects. It provides means for early reso-lution of such disagreements.

(b) Under section 309 of the Clean Air Act(42 U.S.C. 7609), the Administrator of theEnvironmental Protection Agency is directed toreview and comment publicly on the environ-mental impacts of federal activities, includingactions for which environmental impact state-ments are prepared. If after this review theAdministrator determines that the matter is“unsatisfactory from the standpoint of publichealth or welfare or environmental quality,” sec-tion 309 directs that the matter be referred to theCouncil (hereafter “environmental referrals”).

(c) Under section 102(2)(C) of the Act otherfederal agencies may make similar reviews ofenvironmental impact statements, includingjudgments on the acceptability of anticipatedenvironmental impacts. These reviews must bemade available to the President, the Council andthe public.

[43 FR 55998, Nov. 29, 1978]

§1504.2 Criteria for referral.

Environmental referrals should be made tothe Council only after concerted, timely (asearly as possible in the process), but unsuccess-ful attempts to resolve differences with the leadagency. In determining what environmentalobjections to the matter are appropriate to referto the Council, an agency should weigh poten-tial adverse environmental impacts, consider-ing:

(a) Possible violation of national environ-mental standards or policies.

(b) Severity. (c) Geographical scope. (d) Duration. (e) Importance as precedents. (f) Availability of environmentally prefer-

able alternatives.

[43 FR 55998, Nov. 29, 1978]

§1504.3 Procedure for referrals andresponse.

(a) A federal agency making the referral tothe Council shall:

(1) Advise the lead agency at the earliestpossible time that it intends to refer a matterto the Council unless a satisfactory agree-ment is reached.

(2) Include such advice in the referringagency’s comments on the draft environmentalimpact statement, except when the statementdoes not contain adequate information to permitan assessment of the matter’s environmentalacceptability.

(3) Identify any essential information that islacking and request that it be made available atthe earliest possible time.

(4) Send copies of such advice to theCouncil.

(b) The referring agency shall deliver itsreferral to the Council not later than twenty-five(25) days after the final environmental impactstatement has been made available to theEnvironmental Protection Agency, commentingagencies, and the public. Except when an exten-sion of this period has been granted by the leadagency, the Council will not accept a referralafter 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 leadagency informing the lead agency of the refer-ral and the reasons for it, and requesting that noaction be taken to implement the matter untilthe Council acts upon the referral. The lettershall include a copy of the statement referred toin (c)(2) of this section.

(2) A statement supported by factual evi-dence leading to the conclusion that the matteris unsatisfactory from the standpoint of publichealth or welfare or environmental quality. Thestatement shall:

(i) Identify any material facts in controversyand incorporate (by reference if appropriate)agreed upon facts,

(ii) Identify any existing environmentalrequirements or policies which would be violat-ed by the matter,

(iii) Present the reasons why the referringagency believes the matter is environmentallyunsatisfactory,

16

(iv) Contain a finding by the agency whetherthe issue raised is of national importancebecause of the threat to national environmentalresources or policies or for some other reason,

(v) Review the steps taken by the referringagency to bring its concerns to the attention ofthe lead agency at the earliest possible time, and

(vi) Give the referring agency’s recommen-dations as to what mitigation alternative, furtherstudy, or other course of action (including aban-donment of the matter) are necessary to remedythe situation.

(d) Not later than twenty-five (25) days afterthe referral to the Council the lead agency maydeliver a response to the Council, and the refer-ring agency. If the lead agency requests moretime and gives assurance that the matter will notgo forward in the interim, the Council maygrant an extension. The response shall:

(1) Address fully the issues raised in thereferral.

(2) Be supported by evidence. (3) Give the lead agency’s response to the

referring agency’s recommendations. (e) Interested persons (including the appli-

cant) may deliver their views in writing to theCouncil. Views in support of the referral shouldbe delivered not later than the referral. Views insupport of the response shall be delivered notlater than the response.

(f) Not later than twenty-five (25) days afterreceipt of both the referral and any response orupon being informed that there will be noresponse (unless the lead agency agrees to alonger time), the Council may take one or moreof the following actions:

(1) Conclude that the process of referral andresponse has successfully resolved the problem.

(2) Initiate discussions with the agencieswith the objective of mediation with referringand lead agencies.

(3) Hold public meetings or hearings toobtain additional views and information.

(4) Determine that the issue is not one ofnational importance and request the referringand lead agencies to pursue their decisionprocess.

(5) Determine that the issue should be fur-ther negotiated by the referring and lead agen-cies and is not appropriate for Council consid-eration until one or more heads of agencies

report to the Council that the agencies’ dis-agreements are irreconcilable.

(6) Publish its findings and recommenda-tions (including where appropriate a findingthat the submitted evidence does not support theposition of an agency).

(7) When appropriate, submit the referraland the response together with the Council’srecommendation to the President for action.

(g) The Council shall take no longer than 60days to complete the actions specified in para-graph (f)(2), (3), or (5) of this section.

(h) When the referral involves an actionrequired by statute to be determined on therecord after opportunity for agency hearing, thereferral shall be conducted in a manner consis-tent with 5 U.S.C. 557(d) (AdministrativeProcedure Act).

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

PART 1505—NEPA AND AGENCY DECISIONMAKING

Sec. 1505.1 Agency decisionmaking procedures. 1505.2 Record of decision in cases requiring

environmental impact statements. 1505.3 Implementing the decision.



§1505.1 Agency decisionmaking procedures.

Agencies shall adopt procedures (§1507.3)to ensure that decisions are made in accordancewith the policies and purposes of the Act. Suchprocedures shall include but not be limited to:

(a) Implementing procedures under section102(2) to achieve the requirements of sections101 and 102(1).

(b) Designating the major decision points forthe agency’s principal programs likely to have asignificant effect on the human environment

17

and assuring that the NEPA process correspondswith them.

(c) Requiring that relevant environmentaldocuments, comments, and responses be part ofthe record in formal rulemaking or adjudicatoryproceedings.

(d) Requiring that relevant environmentaldocuments, comments, and responses accompa-ny the proposal through existing agency reviewprocesses so that agency officials use the state-ment in making decisions.

(e) Requiring that the alternatives consideredby the decisionmaker are encompassed by therange of alternatives discussed in the relevantenvironmental documents and that the decision-maker consider the alternatives described in theenvironmental impact statement. If anotherdecision document accompanies the relevantenvironmental documents to the decisionmaker,agencies are encouraged to make available tothe public before the decision is made any partof that document that relates to the comparisonof alternatives.

§1505.2 Record of decision in cases requiringenvironmental impact statements.

At the time of its decision (§1506.10) or, ifappropriate, its recommendation to Congress,each agency shall prepare a concise publicrecord of decision. The record, which may beintegrated into any other record prepared by theagency, including that required by OMBCircular A–95 (Revised), part I, sections 6(c)and (d), and part II, section 5(b)(4), shall:

(a) State what the decision was. (b) Identify all alternatives considered by the

agency in reaching its decision, specifying thealternative or alternatives which were consid-ered to be environmentally preferable. Anagency may discuss preferences among alterna-tives based on relevant factors including eco-nomic and technical considerations and agencystatutory missions. An agency shall identify anddiscuss all such factors including any essentialconsiderations of national policy which werebalanced by the agency in making its decisionand state how those considerations entered intoits decision.

(c) State whether all practicable means toavoid or minimize environmental harm fromthe alternative selected have been adopted, and

if not, why they were not. A monitoring andenforcement program shall be adopted and sum-marized where applicable for any mitigation.

§1505.3 Implementing the decision.

Agencies may provide for monitoring toassure that their decisions are carried out andshould do so in important cases. Mitigation(§1505.2(c)) and other conditions established inthe environmental impact statement or duringits review and committed as part of the decisionshall be implemented by the lead agency orother appropriate consenting agency. The leadagency shall:

(a) Include appropriate conditions in grants,permits or other approvals.

(b) Condition funding of actions on mitiga-tion.

(c) Upon request, inform cooperating orcommenting agencies on progress in carryingout mitigation measures which they have pro-posed and which were adopted by the agencymaking the decision.

(d) Upon request, make available to the pub-lic the results of relevant monitoring.

PART 1506—OTHER REQUIREMENTSOF 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.


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§1506.1 Limitations on actions during NEPAprocess.

(a) Until an agency issues a record of deci-sion as provided in §1505.2 (except as providedin paragraph (c) of this section), no action con-cerning the proposal shall be taken whichwould:

(1) Have an adverse environmental impact;or

(2) Limit the choice of reasonable alterna-tives.

(b) If any agency is considering an applica-tion from a non-federal entity, and is aware thatthe applicant is about to take an action withinthe agency’s jurisdiction that would meet eitherof the criteria in paragraph (a) of this section,then the agency shall promptly notify the appli-cant that the agency will take appropriate actionto insure that the objectives and procedures ofNEPA are achieved.

(c) While work on a required program envi-ronmental impact statement is in progress andthe action is not covered by an existing programstatement, agencies shall not undertake in theinterim any major federal action covered by theprogram which may significantly affect thequality of the human environment unless suchaction:

(1) Is justified independently of the program; (2) Is itself accompanied by an adequate

environmental impact statement; and (3) Will not prejudice the ultimate decision

on the program. Interim action prejudices theultimate decision on the program when it tendsto determine subsequent development or limitalternatives.

(d) This section does not preclude develop-ment by applicants of plans or designs or per-formance of other work necessary to support anapplication for federal, state or local permits orassistance. Nothing in this section shall pre-clude Rural Electrification Administrationapproval of minimal expenditures not affectingthe environment (e.g. long leadtime equipmentand purchase options) made by non-govern-mental entities seeking loan guarantees fromthe Administration.

§1506.2 Elimination of duplication with Stateand local procedures.

(a) Agencies authorized by law to cooperatewith state agencies of statewide jurisdiction pur-suant to section 102(2)(D) of the Act may do so.

(b) Agencies shall cooperate with state andlocal agencies to the fullest extent possible toreduce duplication between NEPA and state andlocal requirements, unless the agencies arespecifically barred from doing so by some otherlaw. Except for cases covered by paragraph (a)of this section, such cooperation shall to thefullest extent possible include:

(1) Joint planning processes. (2) Joint environmental research and studies. (3) Joint public hearings (except where oth-

erwise provided by statute). (4) Joint environmental assessments. (c) Agencies shall cooperate with state and

local agencies to the fullest extent possible toreduce duplication between NEPA and compa-rable State and local requirements, unless theagencies are specifically barred from doing soby some other law. Except for cases covered byparagraph (a) of this section, such cooperationshall to the fullest extent possible include jointenvironmental impact statements. In such casesone or more federal agencies and one or morestate or local agencies shall be joint lead agen-cies. Where state laws or local ordinances haveenvironmental impact statement requirementsin addition to but not in conflict with those inNEPA, federal agencies shall cooperate in ful-filling these requirements as well as those offederal laws so that one document will complywith all applicable laws.

(d) To better integrate environmental impactstatements into state or local planning process-es, statements shall discuss any inconsistency ofa proposed action with any approved state orlocal plan and laws (whether or not federallysanctioned). Where an inconsistency exists, thestatement should describe the extent to whichthe agency would reconcile its proposed actionwith the plan or law.

§1506.3 Adoption.

(a) An agency may adopt a federal draft orfinal environmental impact statement or portion

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thereof provided that the statement or portionthereof meets the standards for an adequatestatement under these regulations.

(b) If the actions covered by the originalenvironmental impact statement and the pro-posed action are substantially the same, theagency adopting another agency’s statement isnot required to recirculate it except as a finalstatement. Otherwise the adopting agency shalltreat the statement as a draft and recirculate it(except as provided in paragraph (c) of this section).

(c) A cooperating agency may adopt withoutrecirculating the environmental impact state-ment of a lead agency when, after an independ-ent review of the statement, the cooperatingagency concludes that its comments and sug-gestions have been satisfied.

(d) When an agency adopts a statementwhich is not final within the agency that pre-pared it, or when the action it assesses is thesubject of a referral under part 1504, or whenthe statement’s adequacy is the subject of a judi-cial action which is not final, the agency shallso specify.

§1506.4 Combining documents.

Any environmental document in compliancewith NEPA may be combined with any otheragency document to reduce duplication andpaperwork.

§1506.5 Agency responsibility.

(a) Information. If an agency requires anapplicant to submit environmental informationfor possible use by the agency in preparing anenvironmental impact statement, then theagency should assist the applicant by outliningthe types of information required. The agencyshall independently evaluate the informationsubmitted and shall be responsible for its accu-racy. If the agency chooses to use the informa-tion submitted by the applicant in the environ-mental impact statement, either directly or byreference, then the names of the persons respon-sible for the independent evaluation shall beincluded in the list of preparers (§1502.17). It isthe intent of this paragraph that acceptable worknot be redone, but that it be verified by theagency.

(b) Environmental assessments. If an agency per-mits an applicant to prepare an environmental assess-ment, the agency, besides fulfilling the requirements ofparagraph (a) of this section, shall make its own eval-uation of the environmental issues and takeresponsibility for the scope and content of theenvironmental assessment.

(c) Environmental impact statements. Exceptas provided in §§1506.2 and 1506.3 any envi-ronmental impact statement prepared pursuantto the requirements of NEPA shall be prepareddirectly by or by a contractor selected by thelead agency or where appropriate under§1501.6(b), a cooperating agency. It is theintent of these regulations that the contractor bechosen solely by the lead agency, or by the leadagency in cooperation with cooperating agen-cies, or where appropriate by a cooperatingagency to avoid any conflict of interest.Contractors shall execute a disclosure statementprepared by the lead agency, or where appropri-ate the cooperating agency, specifying that theyhave no financial or other interest in the out-come of the project. If the document is preparedby contract, the responsible federal official shallfurnish guidance and participate in the prepara-tion and shall independently evaluate the state-ment prior to its approval and take responsibili-ty for its scope and contents. Nothing in thissection is intended to prohibit any agency fromrequesting any person to submit information toit or to prohibit any person from submittinginformation to any agency.

§1506.6 Public involvement.

Agencies shall: (a) Make diligent efforts to involve the pub-

lic in preparing and implementing their NEPAprocedures.

(b) Provide public notice of NEPA-relatedhearings, public meetings, and the availabilityof environmental documents so as to informthose persons and agencies who may be inter-ested or affected.

(1) In all cases the agency shall mail noticeto those who have requested it on an individualaction.

(2) In the case of an action with effects ofnational concern notice shall include publicationin the FEDERAL REGISTER and notice by mail to

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national organizations reasonably expected to beinterested in the matter and may include listingin the 102 Monitor. An agency engaged in rule-making may provide notice by mail to nationalorganizations who have requested that noticeregularly be provided. Agencies shall maintain alist of such organizations.

(3) In the case of an action with effects pri-marily of local concern the notice may include:

(i) Notice to state and areawide clearing-houses pursuant to OMB Circular A–95(Revised).

(ii) Notice to Indian tribes when effects mayoccur on reservations.

(iii) Following the affected state’s publicnotice procedures for comparable actions.

(iv) Publication in local newspapers (inpapers of general circulation rather than legalpapers).

(v) Notice through other local media. (vi) Notice to potentially interested commu-

nity organizations including small businessassociations.

(vii) Publication in newsletters that may beexpected to reach potentially interested persons.

(viii) Direct mailing to owners and occu-pants of nearby or affected property.

(ix) Posting of notice on and off site in thearea where the action is to be located.

(c) Hold or sponsor public hearings or publicmeetings whenever appropriate or in accor-dance with statutory requirements applicable tothe agency. Criteria shall include whether thereis:

(1) Substantial environmental controversyconcerning the proposed action or substantialinterest in holding the hearing.

(2) A request for a hearing by another agencywith jurisdiction over the action supported byreasons why a hearing will be helpful. If a draftenvironmental impact statement is to be consid-ered at a public hearing, the agency shouldmake the statement available to the public atleast 15 days in advance (unless the purpose ofthe hearing is to provide information for thedraft environmental impact statement).

(d) Solicit appropriate information from thepublic.

(e) Explain in its procedures where interest-ed persons can get information or status reportson environmental impact statements and otherelements of the NEPA process.

(f) Make environmental impact statements,the comments received, and any underlyingdocuments available to the public pursuant tothe provisions of the Freedom of InformationAct (5 U.S.C. 552), without regard to the exclu-sion for interagency memoranda where suchmemoranda transmit comments of Federalagencies on the environmental impact of theproposed action. Materials to be made availableto the public shall be provided to the publicwithout charge to the extent practicable, or at afee which is not more than the actual costs ofreproducing copies required to be sent to otherfederal agencies, including the Council.

§1506.7 Further guidance.

The Council may provide further guidanceconcerning NEPA and its procedures including:

(a) A handbook which the Council may sup-plement from time to time, which shall in plainlanguage provide guidance and instructionsconcerning the application of NEPA and theseregulations.

(b) Publication of the Council’s Memorandato Heads of Agencies.

(c) In conjunction with the EnvironmentalProtection Agency and the publication of the102 Monitor, notice of:

(1) Research activities; (2) Meetings and conferences related to

NEPA; and (3) Successful and innovative procedures

used by agencies to implement NEPA.

§1506.8 Proposals for legislation.

(a) The NEPA process for proposals for leg-islation (§1508.17) significantly affecting thequality of the human environment shall be inte-grated with the legislative process of theCongress. A legislative environmental impactstatement is the detailed statement required bylaw to be included in a recommendation orreport on a legislative proposal to Congress. Alegislative environmental impact statementshall be considered part of the formal transmit-tal of a legislative proposal to Congress; how-ever, it may be transmitted to Congress up to 30days later in order to allow time for completionof an accurate statement which can serve as thebasis for public and Congressional debate. The

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statement must be available in time forCongressional hearings and deliberations.

(b) Preparation of a legislative environmen-tal impact statement shall conform to therequirements of these regulations except as fol-lows:

(1) There need not be a scoping process. (2) The legislative statement shall be pre-

pared in the same manner as a draft statement,but shall be considered the “detailed statement”required by statute; Provided, That when any ofthe following conditions exist both the draft andfinal environmental impact statement on thelegislative proposal shall be prepared and circu-lated as provided by §§1503.1 and 1506.10.

(i) A Congressional committee with jurisdic-tion over the proposal has a rule requiring bothdraft and final environmental impact state-ments.

(ii) The proposal results from a study processrequired by statute (such as those required bythe Wild and Scenic Rivers Act (16 U.S.C. 1271et seq.) and the Wilderness Act (16 U.S.C. 1131et seq.)).

(iii) Legislative approval is sought for feder-al or federally assisted construction or otherprojects which the agency recommends belocated at specific geographic locations. Forproposals requiring an environmental impactstatement for the acquisition of space by theGeneral Services Administration, a draft state-ment shall accompany the Prospectus or the11(b) Report of Building Project Surveys to theCongress, and a final statement shall be com-pleted before site acquisition.

(iv) The agency decides to prepare draft andfinal statements.

(c) Comments on the legislative statementshall be given to the lead agency which shallforward them along with its own responses tothe Congressional committees with jurisdiction.

§1506.9 Filing requirements.

Environmental impact statements togetherwith comments and responses shall be filedwith the Environmental Protection Agency,attention Office of Federal Activities (MC2252-A), 1200 Pennsylvania Ave., NW., Washington,DC 20460. Statements shall be filed with EPA

no earlier than they are also transmitted to com-menting agencies and made available to thepublic. EPA shall deliver one copy of each state-ment to the Council, which shall satisfy therequirement of availability to the President.EPA may issue guidelines to agencies to imple-ment its responsibilities under this section and§1506.10.

§1506.10 Timing of agency action.

(a) The Environmental Protection Agencyshall publish a notice in the FEDERAL REGISTER

each week of the environmental impact state-ments filed during the preceding week. Theminimum time periods set forth in this sectionshall be calculated from the date of publicationof this notice.

(b) No decision on the proposed action shall bemade or recorded under §1505.2 by a federalagency until the later of the following dates:

(1) Ninety (90) days after publication of thenotice described above in paragraph (a) of thissection for a draft environmental impact state-ment.

(2) Thirty (30) days after publication of thenotice described above in paragraph (a) of thissection for a final environmental impact state-ment.

An exception to the rules on timing may bemade in the case of an agency decision which issubject to a formal internal appeal. Some agen-cies have a formally established appeal processwhich allows other agencies or the public totake appeals on a decision and make their viewsknown, after publication of the final environ-mental impact statement. In such cases, where areal opportunity exists to alter the decision, thedecision may be made and recorded at the sametime the environmental impact statement ispublished. This means that the period for appealof the decision and the 30-day period prescribedin paragraph (b)(2) of this section may run con-currently. In such cases the environmentalimpact statement shall explain the timing andthe public’s right of appeal. An agency engagedin rulemaking under the AdministrativeProcedure Act or other statute for the purpose ofprotecting the public health or safety, maywaive the time period in paragraph (b)(2) of this

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section and publish a decision on the final rulesimultaneously with publication of the notice ofthe availability of the final environmentalimpact statement as described in paragraph (a)of this section.

(c) If the final environmental impact state-ment is filed within ninety (90) days after adraft environmental impact statement is filedwith the Environmental Protection Agency, theminimum thirty (30) day period and the mini-mum ninety (90) day period may run concur-rently. However, subject to paragraph (d) of thissection agencies shall allow not less than 45days for comments on draft statements.

(d) The lead agency may extend prescribedperiods. The Environmental Protection Agencymay upon a showing by the lead agency of com-pelling reasons of national policy reduce the pre-scribed periods and may upon a showing by anyother Federal agency of compelling reasons ofnational policy also extend prescribed periods,but only after consultation with the lead agency.(Also see §1507.3(d).) Failure to file timely com-ments shall not be a sufficient reason for extend-ing a period. If the lead agency does not concurwith the extension of time, EPA may not extend itfor more than 30 days. When the EnvironmentalProtection Agency reduces or extends any periodof time it shall notify the Council.

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

§1506.11 Emergencies.

Where emergency circumstances make it nec-essary to take an action with significant environ-mental impact without observing the provisions ofthese regulations, the federal agency taking theaction should consult with the Council about alter-native arrangements. Agencies and the Councilwill limit such arrangements to actions necessaryto control the immediate impacts of the emergency.Other actions remain subject to NEPA review.

§1506.12 Effective date.

The effective date of these regulations is July30, 1979, except that for agencies that administerprograms that qualify under section 102(2)(D) ofthe Act or under section 104(h) of the Housingand Community Development Act of 1974 anadditional four months shall be allowed for the

State or local agencies to adopt their implement-ing procedures.

(a) These regulations shall apply to thefullest extent practicable to ongoing activitiesand environmental documents begun before theeffective date. These regulations do not apply toan environmental impact statement or supple-ment if the draft statement was filed before theeffective date of these regulations. No complet-ed environmental documents need be redone byreasons of these regulations. Until these regula-tions are applicable, the Council’s guidelinespublished in the FEDERAL REGISTER of August 1,1973, shall continue to be applicable. In caseswhere these regulations are applicable theguidelines are superseded. However, nothingshall prevent an agency from proceeding underthese regulations at an earlier time.

(b) NEPA shall continue to be applicable toactions begun before January 1, 1970, to thefullest extent possible.

PART 1507—AGENCY COMPLIANCE

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



§1507.1 Compliance.

All agencies of the federal government shallcomply with these regulations. It is the intent ofthese regulations to allow each agency flexibil-ity in adapting its implementing proceduresauthorized by §1507.3 to the requirements ofother applicable laws.

§1507.2 Agency capability to comply.

Each agency shall be capable (in terms ofpersonnel and other resources) of complying

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with the requirements enumerated below. Suchcompliance may include use of other’sresources, but the using agency shall itself havesufficient capability to evaluate what others dofor it. Agencies shall:

(a) Fulfill the requirements of section102(2)(A) of the Act to utilize a systematic,interdisciplinary approach which will insure theintegrated use of the natural and social sciencesand the environmental design arts in planningand in decisionmaking which may have animpact on the human environment. Agenciesshall designate a person to be responsible foroverall review of agency NEPA compliance.

(b) Identify methods and procedures requiredby section 102(2)(B) to insure that presentlyunquantified environmental amenities and val-ues may be given appropriate consideration.

(c) Prepare adequate environmental impactstatements pursuant to section 102(2)(C) andcomment on statements in the areas where theagency has jurisdiction by law or special expert-ise or is authorized to develop and enforce envi-ronmental standards.

(d) Study, develop, and describe alternativesto recommended courses of action in any pro-posal which involves unresolved conflicts con-cerning alternative uses of available resources.This requirement of section 102(2)(E) extendsto all such proposals, not just the more limitedscope of section 102(2)(C)(iii) where the dis-cussion of alternatives is confined to impactstatements.

(e) Comply with the requirements of section102(2)(H) that the agency initiate and utilizeecological information in the planning anddevelopment of resource-oriented projects.

(f) Fulfill the requirements of sections102(2)(F), 102(2)(G), and 102(2)(I), of the Actand of Executive Order 11514, Protection andEnhancement of Environmental Quality, Sec. 2.

§1507.3 Agency procedures.

(a) Not later than eight months after publica-tion of these regulations as finally adopted inthe FEDERAL REGISTER, or five months after theestablishment of an agency, whichever shallcome later, each agency shall as necessaryadopt procedures to supplement these regula-tions. When the agency is a department, major

subunits are encouraged (with the consent of thedepartment) to adopt their own procedures.Such procedures shall not paraphrase these reg-ulations. They shall confine themselves toimplementing procedures. Each agency shallconsult with the Council while developing itsprocedures and before publishing them in theFEDERAL REGISTER for comment. Agencies withsimilar programs should consult with each otherand the Council to coordinate their procedures,especially for programs requesting similarinformation from applicants. The proceduresshall be adopted only after an opportunity forpublic review and after review by the Councilfor conformity with the Act and these regula-tions. The Council shall complete its reviewwithin 30 days. Once in effect they shall be filedwith the Council and made readily available tothe public. Agencies are encouraged to publishexplanatory guidance for these regulations andtheir own procedures. Agencies shall continueto review their policies and procedures and inconsultation with the Council to revise them asnecessary to ensure full compliance with thepurposes and provisions of the Act.

(b) Agency procedures shall comply withthese regulations except where compliancewould 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 identification ofthose typical classes of action:

(i) Which normally do require environmentalimpact statements.

(ii) Which normally do not require either anenvironmental impact statement or an environ-mental assessment (categorical exclusions(§1508.4)).

(iii) Which normally require environmentalassessments but not necessarily environmentalimpact statements.

(c) Agency procedures may include specific cri-teria for providing limited exceptions to the provi-sions of these regulations for classified proposals.They are proposed actions which are specificallyauthorized under criteria established by anExecutive Order or statute to be kept secret in theinterest of national defense or foreign policy andare in fact properly classified pursuant to suchExecutive Order or statute. Environmental assess-

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ments and environmental impact statements whichaddress classified proposals may be safeguardedand restricted from public dissemination in accor-dance with agencies’own regulations applicable toclassified information. These documents may beorganized so that classified portions can be includ-ed as annexes, in order that the unclassified por-tions can be made available to the public.

(d) Agency procedures may provide for peri-ods of time other than those presented in§1506.10 when necessary to comply with otherspecific statutory requirements.

(e) Agency procedures may provide thatwhere there is a lengthy period between theagency’s decision to prepare an environmentalimpact statement and the time of actual prepa-ration, the notice of intent required by §1501.7may be published at a reasonable time inadvance of preparation of the draft statement.

PART 1508—TERMINOLOGY ANDINDEX

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



§1508.1 Terminology.

The terminology of this part shall be uniformthroughout the federal government.

§1508.2 Act.

“Act” means the National EnvironmentalPolicy Act, as amended (42 U.S.C. 4321, etseq.) which is also referred to as “NEPA.”

§1508.3 Affecting.

“Affecting” means will or may have aneffect on.

§1508.4 Categorical exclusion.

“Categorical exclusion” means a category ofactions which do not individually or cumula-tively have a significant effect on the humanenvironment and which have been found tohave no such effect in procedures adopted by afederal agency in implementation of these regu-lations (§1507.3) and for which, therefore, nei-ther an environmental assessment nor an envi-ronmental impact statement is required. Anagency may decide in its procedures or other-wise, to prepare environmental assessments forthe reasons stated in §1508.9 even though it isnot required to do so. Any procedures under thissection shall provide for extraordinary circum-stances in which a normally excluded actionmay have a significant environmental effect.

§1508.5 Cooperating agency.

“Cooperating agency” means any federalagency other than a lead agency which hasjurisdiction by law or special expertise withrespect to any environmental impact involved

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in a proposal (or a reasonable alternative) forlegislation or other major federal action signifi-cantly affecting the quality of the human envi-ronment. The selection and responsibilities of acooperating agency are described in §1501.6. Astate or local agency of similar qualifications or,when the effects are on a reservation, an Indiantribe, may by agreement with the lead agencybecome a cooperating agency.

§1508.6 Council.

“Council” means the Council onEnvironmental Quality established by title II ofthe Act.

§1508.7 Cumulative impact.

“Cumulative impact” is the impact on theenvironment which results from the incrementalimpact of the action when added to other past,present, and reasonably foreseeable futureactions regardless of what agency (federal ornon-federal) or person undertakes such otheractions. Cumulative impacts can result fromindividually minor but collectively significantactions 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 indistance, but are still reasonably foreseeable.Indirect effects may include growth inducingeffects and other effects related to inducedchanges in the pattern of land use, populationdensity or growth rate, and related effects on airand water and other natural systems, includingecosystems.

Effects and impacts as used in these regula-tions are synonymous. Effects includes ecologi-cal (such as the effects on natural resources andon the components, structures, and functioningof affected ecosystems), aesthetic, historic, cul-tural, economic, social, or health, whether direct,indirect, or cumulative. Effects may also includethose resulting from actions which may haveboth beneficial and detrimental effects, even if

on balance the agency believes that the effectwill be beneficial.

§1508.9 Environmental assessment.

“Environmental assessment”: (a) Means a concise public document for which

a federal agency is responsible that serves to: (1) Briefly provide sufficient evidence and

analysis for determining whether to prepare anenvironmental impact statement or a finding ofno significant impact.

(2) Aid an agency’s compliance with the Actwhen no environmental impact statement isnecessary.

(3) Facilitate preparation of a statementwhen one is necessary.

(b) Shall include brief discussions of theneed for the proposal, of alternatives as requiredby section 102(2)(E), of the environmentalimpacts of the proposed action and alternatives,and a listing of agencies and persons consulted.

§1508.10 Environmental document.

“Environmental document” includes thedocuments specified in §1508.9 (environmentalassessment), §1508.11 (environmental impactstatement), §1508.13 (finding of no significantimpact), and §1508.22 (notice of intent).

§1508.11 Environmental impact statement.

“Environmental impact statement” means adetailed written statement as required by section102(2)(C) of the Act.

§1508.12 Federal agency.

“Federal agency” means all agencies of thefederal government. It does not mean theCongress, the Judiciary, or the President,including the performance of staff functions forthe President in his Executive Office. It alsoincludes for purposes of these regulations statesand units of general local government andIndian tribes assuming NEPA responsibilitiesunder section 104(h) of the Housing andCommunity Development Act of 1974.

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§1508.13 Finding of no significant impact.

“Finding of no significant impact” means adocument by a federal agency briefly presentingthe reasons why an action, not otherwiseexcluded (§1508.4), will not have a significanteffect on the human environment and for whichan environmental impact statement there forewill not be prepared. It shall include the envi-ronmental assessment or a summary of it andshall note any other environmental documentsrelated to it (§1501.7(a)(5)). If the assessment isincluded, the finding need not repeat any of thediscussion in the assessment but may incorpo-rate it by reference.

§1508.14 Human environment.

“Human environment” shall be interpretedcomprehensively to include the natural andphysical environment and the relationship ofpeople with that environment. (See the defini-tion of “effects” (§1508.8).) This means thateconomic or social effects are not intended bythemselves to require preparation of an environ-mental impact statement. When an environmen-tal impact statement is prepared and economicor social and natural or physical environmentaleffects are interrelated, then the environmentalimpact statement will discuss all of these effectson the human environment.

§1508.15 Jurisdiction by law.

“Jurisdiction by law” means agency authori-ty to approve, veto, or finance all or part of theproposal.

§1508.16 Lead agency.

“Lead agency” means the agency or agenciespreparing or having taken primary responsibili-ty for preparing the environmental impact state-ment.

§1508.17 Legislation.

“Legislation” includes a bill or legislativeproposal to Congress developed by or with thesignificant cooperation and support of a federal

agency, but does not include requests for appro-priations. The test for significant cooperation iswhether the proposal is in fact predominantlythat of the agency rather than another source.Drafting does not by itself constitute significantcooperation. Proposals for legislation includerequests for ratification of treaties. Only theagency which has primary responsibility for thesubject matter involved will prepare a legisla-tive environmental impact statement.

§1508.18 Major federal action.

“Major federal action” includes actions witheffects that may be major and which are poten-tially subject to federal control and responsibil-ity. Major reinforces but does not have a mean-ing independent of significantly (§1508.27).Actions include the circumstance where theresponsible officials fail to act and that failureto act is reviewable by courts or administrativetribunals under the Administrative ProcedureAct or other applicable law as agency action.

(a) Actions include new and continuingactivities, including projects and programsentirely or partly financed, assisted, conducted,regulated, or approved by federal agencies; newor revised agency rules, regulations, plans, poli-cies, or procedures; and legislative proposals(§§1506.8, 1508.17). Actions do not includefunding assistance solely in the form of generalrevenue sharing funds, distributed under theState and Local Fiscal Assistance Act of 1972,31 U.S.C. 1221 et seq., with no federal agencycontrol over the subsequent use of such funds.Actions do not include bringing judicial oradministrative civil or criminal enforcementactions.

(b) Federal actions tend to fall within one ofthe following categories:

(1) Adoption of official policy, such as rules,regulations, and interpretations adopted pur-suant to the Administrative Procedure Act, 5U.S.C. 551 et seq.; treaties and internationalconventions or agreements; formal documentsestablishing an agency’s policies which willresult in or substantially alter agency programs.

(2) Adoption of formal plans, such as officialdocuments prepared or approved by federalagencies which guide or prescribe alternative

27

uses of federal resources, upon which futureagency actions will be based.

(3) Adoption of programs, such as a group ofconcerted actions to implement a specific policyor plan; systematic and connected agency deci-sions allocating agency resources to implementa specific statutory program or executive direc-tive.

(4) Approval of specific projects, such asconstruction or management activities locatedin a defined geographic area. Projects includeactions approved by permit or other regulatorydecision as well as federal and federally assist-ed activities.

§1508.19 Matter.

“Matter” includes for purposes of Part 1504: (a) With respect to the Environmental

Protection Agency, any proposed legislation,project, action or regulation as those terms areused in section 309(a) of the Clean Air Act (42U.S.C. 7609).

(b) With respect to all other agencies, anyproposed major federal action to which section102(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 imple-mentation.

(c) Rectifying the impact by repairing, reha-bilitating, or restoring the affected environment.

(d) Reducing or eliminating the impact overtime by preservation and maintenance opera-tions during the life of the action.

(e) Compensating for the impact by replac-ing or providing substitute resources or envi-ronments.

§1508.21 NEPA process.

“NEPA process” means all measures neces-sary for compliance with the requirements ofsection 2 and title I of NEPA.

§1508.22 Notice of intent.

“Notice of intent” means a notice that anenvironmental impact statement will be pre-pared and considered. The notice shall briefly:

(a) Describe the proposed action and possi-ble alternatives.

(b) Describe the agency’s proposed scopingprocess including whether, when, and whereany scoping meeting will be held.

(c) State the name and address of a personwithin the agency who can answer questionsabout the proposed action and the environmen-tal impact statement.

§1508.23 Proposal.

“Proposal” exists at that stage in the devel-opment of an action when an agency subject tothe Act has a goal and is actively preparing tomake a decision on one or more alternativemeans of accomplishing that goal and theeffects 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 intime for the statement to be included in any rec-ommendation or report on the proposal. A pro-posal may exist in fact as well as by agency dec-laration that one exists.

§1508.24 Referring agency.

“Referring agency” means the federalagency which has referred any matter to theCouncil after a determination that the matter isunsatisfactory from the standpoint of publichealth or welfare or environmental quality.

§1508.25 Scope.

“Scope” consists of the range of actions,alternatives, and impacts to be considered in anenvironmental impact statement. The scope ofan individual statement may depend on its rela-tionships to other statements (§§1502.20 and1508.28). To determine the scope of environ-mental impact statements, agencies shall con-sider 3 types of actions, 3 types of alternatives,and 3 types of impacts. They include:

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(a) Actions (other than unconnected singleactions) which may be:

(1) Connected actions, which means thatthey are closely related and therefore should bediscussed in the same impact statement. Actionsare connected if they:

(i) Automatically trigger other actions whichmay require environmental impact statements.

(ii) Cannot or will not proceed unless otheractions are taken previously or simultaneously.

(iii) Are interdependent parts of a largeraction and depend on the larger action for theirjustification.

(2) Cumulative actions, which when viewedwith other proposed actions have cumulativelysignificant impacts and should therefore be dis-cussed in the same impact statement.

(3) Similar actions, which when viewed withother reasonably foreseeable or proposedagency actions, have similarities that provide abasis for evaluating their environmental conse-quencies together, such as common timing orgeography. An agency may wish to analyzethese actions in the same impact statement. Itshould do so when the best way to assess ade-quately the combined impacts of similar actionsor reasonable alternatives to such actions is totreat them in a single impact statement.

(b) Alternatives, which include: (1) No action alternative. (2) Other reasonable courses of actions. (3) Mitigation measures (not in the proposed

action). (c) Impacts, which may be: (1) direct; (2)

indirect; (3) cumulative.

§1508.26 Special expertise.

“Special expertise” means statutory respon-sibility, agency mission, or related programexperience.

§1508.27 Significantly.

“Significantly” as used in NEPA requiresconsiderations of both context and intensity:

(a) Context. This means that the significanceof an action must be analyzed in several con-texts such as society as a whole (human, nation-al), the affected region, the affected interests,and the locality. Significance varies with the

setting of the proposed action. For instance, inthe case of a site-specific action, significancewould usually depend upon the effects in thelocale rather than in the world as a whole. Bothshort and long-term effects are relevant.

(b) Intensity. This refers to the severity ofimpact. Responsible officials must bear in mindthat more than one agency may make decisionsabout partial aspects of a major action. The fol-lowing should be considered in evaluatingintensity:

(1) Impacts that may be both beneficial andadverse. A significant effect may exist even ifthe federal agency believes that on balance theeffect will be beneficial.

(2) The degree to which the proposed actionaffects public health or safety.

(3) Unique characteristics of the geographicarea such as proximity to historic or culturalresources, park lands, prime farmlands, wet-lands, wild and scenic rivers, or ecologicallycritical areas.

(4) The degree to which the effects on thequality of the human environment are likely tobe highly controversial.

(5) The degree to which the possible effectson the human environment are highly uncertainor involve unique or unknown risks.

(6) The degree to which the action mayestablish a precedent for future actions with sig-nificant effects or represents a decision in prin-ciple about a future consideration.

(7) Whether the action is related to otheractions with individually insignificant butcumulatively significant impacts. Significanceexists if it is reasonable to anticipate a cumula-tively significant impact on the environment.Significance cannot be avoided by terming anaction temporary or by breaking it down intosmall component parts.

(8) The degree to which the action mayadversely affect districts, sites, highways, struc-tures, or objects listed in or eligible for listing inthe National Register of Historic Places or maycause loss or destruction of significant scientif-ic, cultural, or historical resources.

(9) The degree to which the action mayadversely affect an endangered or threatenedspecies or its habitat that has been determined tobe critical under the Endangered Species Act of1973.

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(10) Whether the action threatens a violationof federal, state, or local law or requirementsimposed for the protection of the environment.[43 FR 56003, Nov. 29, 1978; 44 FR 874, Jan. 3, 1979]

§1508.28 Tiering.

“Tiering” refers to the coverage of generalmatters in broader environmental impact state-ments (such as national program or policy state-ments) with subsequent narrower statements orenvironmental analyses (such as regional orbasinwide program statements or ultimatelysite-specific statements) incorporating by refer-ence the general discussions and concentratingsolely on the issues specific to the statement

subsequently prepared. Tiering is appropriatewhen the sequence of statements or analyses is:

(a) From a program, plan, or policy environ-mental impact statement to a program, plan,orpolicy statement or analysis of lesser scope orto a site-specific statement or analysis.

(b) From an environmental impact statementon a specific action at an early stage (such asneed and site selection) to a supplement (whichis preferred) or a subsequent statement or analy-sis at a later stage (such as environmental miti-gation). Tiering in such cases is appropriatewhen it helps the lead agency to focus on theissues which are ripe for decision and excludefrom consideration issues already decided ornot yet ripe.

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Act................................................1508.2. Action...........................................1508.18, 1508.25. Action-forcing..............................1500.1, 1502.1. Adoption ......................................1500.4(n), 1500.5(h),

1506.3. Affected Environment..................1502.10(f), 1502.15. Affecting ......................................1502.3, 1508.3. Agency Authority.........................1500.6. Agency Capability .......................1501.2(a), 1507.2. Agency Compliance.....................1507.1. Agency Procedures ......................1505.1, 1507.3. Agency Responsibility.................1506.5. Alternatives ..................................1501.2(c), 1502.2,

1502.10(e), 1502.14,1505.1(e), 1505.2,1507.2(d), 1508.25(b).

Appendices...................................1502.10(k), 1502.18,1502.24.

Applicant......................................1501.2(d)(1), 1501.4(b),1501.8(a), 1502.19(b),1503.1(a)(3), 1504.3(e),1506.1(d), 1506.5(a),1506.5(b).

Apply NEPA Early in the Process .....................................1501.2.

Categorical Exclusion ..................1500.4(p), 1500.5(k),1501.4(a), 1507.3(b),1508.4.

Circulating of Environmental Impact Statement .....................1502.19, 1506.3.

Classified Information .................1507.3(c). Clean Air Act ...............................1504.1, 1508.19(a). Combining Documents ................1500.4(o), 1500.5(i),

1506.4. Commenting.................................1502.19, 1503.1, 1503.2,

1503.3, 1503.4,1506.6(f).

Consultation Requirement ...........1500.4(k), 1500.5(g),1501.7(a)(6), 1502.25.

Context.........................................1508.27(a). Cooperating Agency ....................1500.5(b), 1501.1(b),

1501.5(c), 1501.5(f),1501.6, 1503.1(a)(1),1503.2, 1503.3,1506.3(c), 1506.5(a),1508.5.

Cost-Benefit .................................1502.23. Council on Environmental

Quality......................................1500.3, 1501.5(e),1501.5(f), 1501.6(c),1502.9(c)(4), 1504.1,1504.2, 1504.3,1506.6(f), 1506.9,1506.10(e), 1506.11,1507.3, 1508.6, 1508.24.

Cover Sheet..................................1502.10(a), 1502.11. Cumulative Impact.......................1508.7, 1508.25(a),

1508.25(c). Decisionmaking ...........................1505.1, 1506.1. Decision points ............................1505.1(b). Dependent ....................................1508.25(a). Draft Environmental Impact

Statement..................................1502.9(a). Early Application of NEPA .........1501.2. Economic Effects .........................1508.8. Effective Date ..............................1506.12.

Effects ..........................................1502.16, 1508.8. Emergencies .................................1506.11. Endangered Species Act ..............1502.25, 1508.27(b)(9).

Energy 1502.16(e). Environmental Assessment ..........1501.3, 1501.4(b),

1501.4(c), 1501.7(b)(3),1506.2(b)(4), 1506.5(b),1508.4, 1508.9, 1508.10,1508.13.

Environmental Consequences......1502.10(g), 1502.16. Environmental Consultation

Requirements ...........................1500.4(k), 1500.5(g),1501.7(a)(6), 1502.25,1503.3(c).

Environmental Documents ..........1508.10. Environmental Impact

Statement..................................1500.4, 1501.4(c),1501.7, 1501.3, 1502.1,1502.2, 1502.3, 1502.4,1502.5, 1502.6, 1502.7,1502.8, 1502.9, 1502.10,1502.11, 1502.12,1502.13, 1502.14,1502.15, 1502.16,1502.17, 1502.18,1502.19, 1502.20,1502.21, 1502.22,1502.23, 1502.24,1502.25, 1506.2(b)(4),1506.3, 1506.8, 1508.11.

Environmental Protection Agency .....................................1502.11(f), 1504.1,

1504.3, 1506.7(c),1506.9, 1506.10,1508.19(a).

Environmental Review Requirements ...........................1500.4(k), 1500.5(g),

1501.7(a)(6), 1502.251503.3(c).

Expediter ......................................1501.8(b)(2). Federal Agency ............................1508.12. Filing ............................................1506.9. Final Environmental Impact

Statement..................................1502.9(b), 1503.1,1503.4(b).

Finding of No Significant Impact ......................................1500.3, 1500.4(q),

1500.5(1), 1501.4(e),1508.13.

Fish and Wildlife Coordination Act......................1502.25.

Format for Environmental Impact Statement .....................1502.10.

Freedom of Information Act ........1506.6(f). Further Guidance .........................1506.7. Generic.........................................1502.4(c)(2). General Services Administration .1506.8(b)(5). Geographic...................................1502.4(c)(1). Graphics .......................................1502.8. Handbook.....................................1506.7(a). Housing and Community

Development Act .....................1506.12, 1508.12. Human Environment....................1502.3, 1502.22,

1508.14.Impacts.........................................1508.8, 1508.25(c). Implementing the Decision..........1505.3.

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Index to Parts 1500 Through 1508 Editorial Note: This listing is provided for information purposes only. It is compiled and kept up-to-date by the Council on Environmental Quality.

Incomplete or Unavailable Information ..............................1502.22.

Incorporation by Reference .........1500.4(j), 1502.21. Index ............................................1502.10(j). Indian Tribes ................................1501.2(d)(2),

1501.7(a)(1), 1502.15(c),1503.1(a)(2)(ii),1506.6(b)(3)(ii), 1508.5,1508.12.

Intensity........................................1508.27(b).Interdisciplinary Preparation........1502.6, 1502.17. Interim Actions ............................1506.1. Joint Lead Agency .......................1501.5(b), 1506.2. Judicial Review............................1500.3. Jurisdication by Law....................1508.15. Lead Agency ................................1500.5(c), 1501.1(c),

1501.5, 1501.6, 1501.7,1501.8, 1504.3,1506.2(b)(4), 1506.8(a),1506.10(e), 1508.16.

Legislation....................................1500.5(j), 1502.3,1506.8, 1508.17,1508.18(a).

Limitation on Action During NEPA Process ..........................1506.1.

List of Preparers...........................1502.10(h), 1502.17. Local or State...............................1500.4(n), 1500.5(h),

1501.2(d)(2), 1501.5(b),1501.5(d), 1501.7(a)(1),1501.8(c), 1502.16(c),1503.1(a)(2), 1506.2(b),1506.6(b)(3), 1508.5,1508.12, 1508.18.

Major Federal Action...................1502.3, 1508.18. Mandate........................................1500.3. Matter...........................................1504.1, 1504.2, 1504.3,

1508.19. Methodology ................................1502.24. Mitigation.....................................1502.14(h), 1502.16(h),

1503.3(d), 1505.2(c),1505.3, 1508.20.

Monitoring ...................................1505.2(c), 1505.3. National Historic

Preservation Act.......................1502.25. National Register of Historical Places ..........................1508.27(b)(8). Natural or Depletable

Resource Requirements ...........1502.16(f). Need for Action............................1502.10(d), 1502.13. NEPA Process ..............................1508.21. Non-Federal Sponsor ...................1501.2(d). Notice of Intent ............................1501.7, 1507.3(e),

1508.22. OMB Circular A–95 ....................1503.1(a)(2)(iii), 1505.2,

1506.6(b)(3)(i). 102 Monitor ........................................1506.6(b)(2), 1506.7(c). Ongoing Activities .......................1506.12. Page Limits ..................................1500.4(a), 1501.7(b),

1502.7. Planning .......................................1500.5(a), 1501.2(b),

1502.4(a), 1508.18.Policy ...........................................1500.2, 1502.4(b),

1508.18(a). Program Environmental

Impact Statement .....................1500.4(i), 1502.4,1502.20, 1508.18.

Programs ......................................1502.4, 1508.18(b). Projects.........................................1508.18.

Proposal........................................1502.4, 1502.5, 1506.8,1508.23.

Proposed Action...........................1502.10(e), 1502.14,1506.2(c).

Public Health and Welfare ...........1504.1. Public Involvement ......................1501.4(e), 1503.1(a)(3),

1506.6. Purpose.........................................1500.1, 1501.1, 1502.1,

1504.1. Purpose of Action ........................1502.10(d), 1502.13. Record of Decision ......................505.2, 1506.1. Referrals.......................................1504.1, 1504.2, 1504.3,

1506.3(d). Referring Agency.........................1504.1, 1504.2, 1504.3. Response to Comments................1503.4. Rural Electrification

Administration .........................1506.1(d). Scientific Accuracy ......................1502.24. Scope............................................1502.4(a), 1502.9(a),

1508.25. Scoping ........................................1500.4(g), 1501.1(d),

1501.4(d), 1501.7,1502.9(a), 1506.8(a).

Significantly.................................1502.3, 1508.27. Similar..........................................1508.25. Small Business Associations........1506.6(b)(3)(vi). Social Effects ...............................1508.8.Special Expertise..........................1508.26. Specificity of Comments .............1500.4(1), 1503.3. State and Areawide

Clearinghouses ........................1501.4(e)(2),1503.1(a)(2)(iii),1506.6(b)(3)(i).

State and Local ............................1500.4(n), 1500.5(h),1501.2(d)(2), 1501.5(b),1501.5(d), 1501.7(a)(1),1501.8(c), 1502.16(c),1503.1(a)(2), 1506.2(b),1506.6(b)(3), 1508.5,1508.12, 1508.18.

State and Local Fiscal Assistance Act..........................1508.18(a).

Summary ......................................1500.4(h), 1502.10(b),1502.12.

Supplements to Environmental Impact Statements....................1502.9(c).

Table of Contents .........................1502.10(c). Technological Development ........1502.4(c)(3). Terminology.................................1508.1. Tiering..........................................1500.4(i), 1502.4(d),

1502.20, 1508.28.Time Limits..................................1500.5(e), 1501.1(e),

1501.7(b)(2), 1501.8. Timing..........................................1502.4, 1502.5, 1506.10. Treaties.........................................1508.17. When to Prepare an

Environmental Impact Statement..................................1501.3.

Wild and Scenic Rivers Act.........1506.8(b)(ii). Wilderness Act .............................1506.8(b)(ii). Writing .........................................1502.

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THE NATIONAL ENVIRONMENTAL POLICYACT OF 1969, as amended (Pub. L. 91-190, 42U.S.C. 4321-4347, January 1, 1970, as amend-ed by Pub. L. 94-52, July 3, 1975, Pub. L. 94-83, August 9, 1975, and Pub. L. 97-258, § 4(b),Sept. 13, 1982)

An Act to establish a national policy for theenvironment, to provide for the establishmentof a Council on Environmental Quality, and forother purposes.

Be it enacted by the Senate and House ofRepresentatives of the United States of Americain Congress assembled, That this Act may becited as the “National Environmental Policy Actof 1969.”

PURPOSE

Sec. 2 [42 USC § 4321].

The purposes of this Act are: To declare anational policy which will encourage produc-tive and enjoyable harmony between man andhis environment; to promote efforts which willprevent or eliminate damage to the environmentand biosphere and stimulate the health and wel-fare of man; to enrich the understanding of theecological systems and natural resources impor-tant to the Nation; and to establish a Council onEnvironmental Quality.

TITLE I

Congressional Declaration of NationalEnvironmental Policy

Sec. 101 [42 USC § 4331].

(a) The Congress, recognizing the profoundimpact of man’s activity on the interrelations ofall components of the natural environment, par-ticularly the profound influences of populationgrowth, high-density urbanization, industrialexpansion, resource exploitation, and new andexpanding technological advances and recog-nizing further the critical importance of restor-ing and maintaining environmental quality tothe overall welfare and development of man,declares that it is the continuing policy of thefederal government, in cooperation with stateand local governments, and other concernedpublic and private organizations, to use all prac-ticable means and measures, including financial

and technical assistance, in a manner calculatedto foster and promote the general welfare, tocreate and maintain conditions under whichman and nature can exist in productive harmo-ny, and fulfill the social, economic, and otherrequirements of present and future generationsof Americans.

(b) In order to carry out the policy set forth inthis Act, it is the continuing responsibility of thefederal government to use all practicablemeans, consistent with other essential consider-ations of national policy, to improve and coor-dinate federal plans, functions, programs, andresources to the end that the Nation may —

1. fulfill the responsibilities of each genera-tion as trustee of the environment for suc-ceeding generations;

2. assure for all Americans safe, healthful,productive, and aesthetically and cultural-ly pleasing surroundings;

3. attain the widest range of beneficial usesof the environment without degradation,risk to health or safety, or other undesir-able and unintended consequences;

4. preserve important historic, cultural, andnatural aspects of our national heritage,and maintain, wherever possible, an envi-ronment which supports diversity, andvariety of individual choice;

5. achieve a balance between population andresource use which will permit high stan-dards of living and a wide sharing of life’samenities; and

6. enhance the quality of renewable resourcesand approach the maximum attainable recy-cling of depletable resources.

(c) The Congress recognizes that each personshould enjoy a healthful environment and thateach person has a responsibility to contribute tothe preservation and enhancement of the envi-ronment.

Sec. 102 [42 USC § 4332].

The Congress authorizes and directs that, to thefullest extent possible: (1) the policies, regula-tions, and public laws of the United States shallbe interpreted and administered in accordance

33

with the policies set forth in this Act, and (2) allagencies of the federal government shall —

(A) utilize a systematic, interdisciplinaryapproach which will insure the integrat-ed use of the natural and social sciencesand the environmental design arts inplanning and in decisionmaking whichmay have an impact on man’s environ-ment;

(B) identify and develop methods and proce-dures, in consultation with the Councilon Environmental Quality established bytitle II of this Act, which will insure thatpresently unquantified environmentalamenities and values may be givenappropriate consideration in decision-making along with economic and techni-cal considerations;

(C) include in every recommendation orreport on proposals for legislation andother major federal actions significantlyaffecting the quality of the human envi-ronment, a detailed statement by theresponsible official on —

(i) the environmental impact of the pro-posed action,

(ii) any adverse environmental effectswhich cannot be avoided should the pro-posal be implemented,

(iii) alternatives to the proposed action,

(iv) the relationship between local short-term uses of man’s environment and themaintenance and enhancement of long-term productivity, and

(v) any irreversible and irretrievable com-mitments of resources which would beinvolved in the proposed action should itbe implemented.

Prior to making any detailed statement, theresponsible federal official shall consult withand obtain the comments of any federalagency which has jurisdiction by law or spe-cial expertise with respect to any environ-mental impact involved. Copies of suchstatement and the comments and views ofthe appropriate federal, state, and local agen-

cies, which are authorized to develop andenforce environmental standards, shall bemade available to the President, the Councilon Environmental Quality and to the publicas provided by section 552 of title 5, UnitedStates Code, and shall accompany the pro-posal through the existing agency reviewprocesses;

(D) Any detailed statement required undersubparagraph (C) after January 1, 1970,for any major federal action fundedunder a program of grants to States shallnot be deemed to be legally insufficientsolely by reason of having been preparedby a state agency or official, if:

(i) the state agency or official hasstatewide jurisdiction and has the respon-sibility for such action,

(ii) the responsible federal official fur-nishes guidance and participates in suchpreparation,

(iii) the responsible federal official inde-pendently evaluates such statement priorto its approval and adoption, and

(iv) after January 1, 1976, the responsiblefederal official provides early notificationto, and solicits the views of, any otherstate or any federal land managemententity of any action or any alternativethereto which may have significantimpacts upon such state or affected feder-al land management entity and, if there isany disagreement on such impacts, pre-pares a written assessment of suchimpacts and views for incorporation intosuch detailed statement.

The procedures in this subparagraph shallnot relieve the federal official of his respon-sibilities for the scope, objectivity, and con-tent of the entire statement or of any otherresponsibility under this Act; and further,this subparagraph does not affect the legalsufficiency of statements prepared by stateagencies with less than statewide jurisdic-tion.

(E) study, develop, and describe appropriatealternatives to recommended courses of

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action in any proposal which involvesunresolved conflicts concerning alterna-tive uses of available resources;

(F) recognize the worldwide and long-rangecharacter of environmental problemsand, where consistent with the foreignpolicy of the United States, lend appro-priate support to initiatives, resolutions,and programs designed to maximizeinternational cooperation in anticipatingand preventing a decline in the quality ofmankind’s world environment;

(G) make available to states, counties,municipalities, institutions, and individ-uals, advice and information useful inrestoring, maintaining, and enhancingthe quality of the environment;

(H) initiate and utilize ecological informa-tion in the planning and development ofresource-oriented projects; and

(I) assist the Council on EnvironmentalQuality established by title II of this Act.

Sec. 103 [42 USC § 4333].

All agencies of the federal government shallreview their present statutory authority, admin-istrative regulations, and current policies andprocedures for the purpose of determiningwhether there are any deficiencies or inconsis-tencies therein which prohibit full compliancewith the purposes and provisions of this Act andshall propose to the President not later than July1, 1971, such measures as may be necessary tobring their authority and policies into conform-ity with the intent, purposes, and procedures setforth in this Act.

Sec. 104 [42 USC § 4334].

Nothing in section 102 [42 USC § 4332] or 103[42 USC § 4333] shall in any way affect thespecific statutory obligations of any federalagency (1) to comply with criteria or standardsof environmental quality, (2) to coordinate orconsult with any other federal or state agency,or (3) to act, or refrain from acting contingentupon the recommendations or certification ofany other federal or state agency.

Sec. 105 [42 USC § 4335].

The policies and goals set forth in this Act aresupplementary to those set forth in existingauthorizations of federal agencies.

TITLE II

COUNCIL ON ENVIRONMENTAL QUALITY

Sec. 201 [42 USC § 4341].

The President shall transmit to the Congressannually beginning July 1, 1970, anEnvironmental Quality Report (hereinafterreferred to as the “report”) which shall set forth(1) the status and condition of the major natural,manmade, or altered environmental classes ofthe Nation, including, but not limited to, the air,the aquatic, including marine, estuarine, andfresh water, and the terrestrial environment,including, but not limited to, the forest, dryland,wetland, range, urban, suburban an rural envi-ronment; (2) current and foreseeable trends inthe quality, management and utilization of suchenvironments and the effects of those trends onthe social, economic, and other requirements ofthe Nation; (3) the adequacy of available natu-ral resources for fulfilling human and economicrequirements of the Nation in the light ofexpected population pressures; (4) a review ofthe programs and activities (including regulato-ry activities) of the federal government, thestate and local governments, and nongovern-mental entities or individuals with particularreference to their effect on the environment andon the conservation, development and utiliza-tion of natural resources; and (5) a program forremedying the deficiencies of existing pro-grams and activities, together with recommen-dations for legislation.

Sec. 202 [42 USC § 4342].

There is created in the Executive Office of thePresident a Council on Environmental Quality(hereinafter referred to as the “Council”). TheCouncil shall be composed of three memberswho shall be appointed by the President to serveat his pleasure, by and with the advice and con-sent of the Senate. The President shall designateone of the members of the Council to serve asChairman. Each member shall be a person who,

35

as a result of his training, experience, andattainments, is exceptionally well qualified toanalyze and interpret environmental trends andinformation of all kinds; to appraise programsand activities of the federal government in thelight of the policy set forth in title I of this Act;to be conscious of and responsive to the scien-tific, economic, social, aesthetic, and culturalneeds and interests of the Nation; and to formu-late and recommend national policies to pro-mote the improvement of the quality of theenvironment.

Sec. 203 [42 USC § 4343].

(a) The Council may employ such officers andemployees as may be necessary to carry out itsfunctions under this Act. In addition, theCouncil may employ and fix the compensationof such experts and consultants as may be nec-essary for the carrying out of its functions underthis Act, in accordance with section 3109 of title5, United States Code (but without regard to thelast sentence thereof).

(b) Notwithstanding section 1342 of Title 31,the Council may accept and employ voluntaryand uncompensated services in furtherance ofthe purposes of the Council.

Sec. 204 [42 USC § 4344].

It shall be the duty and function of the Council —

1. to assist and advise the President in thepreparation of the Environmental QualityReport required by section 201 [42 USC §4341] of this title;

2. to gather timely and authoritative infor-mation concerning the conditions andtrends in the quality of the environmentboth current and prospective, to analyzeand interpret such information for the pur-pose of determining whether such condi-tions and trends are interfering, or arelikely to interfere, with the achievement ofthe policy set forth in title I of this Act,and to compile and submit to the Presidentstudies relating to such conditions andtrends;

3. to review and appraise the various pro-grams and activities of the federal govern-ment in the light of the policy set forth in

title I of this Act for the purpose of deter-mining the extent to which such programsand activities are contributing to theachievement of such policy, and to makerecommendations to the President withrespect thereto;

4. to develop and recommend to thePresident national policies to foster andpromote the improvement of environmen-tal quality to meet the conservation,social, economic, health, and otherrequirements and goals of the Nation;

5. to conduct investigations, studies, sur-veys, research, and analyses relating toecological systems and environmentalquality;

6. to document and define changes in thenatural environment, including the plantand animal systems, and to accumulatenecessary data and other information for acontinuing analysis of these changes ortrends and an interpretation of their under-lying causes;

7. to report at least once each year to thePresident on the state and condition of theenvironment; and

8. to make and furnish such studies, reportsthereon, and recommendations withrespect to matters of policy and legislationas the President may request.

Sec. 205 [42 USC § 4345].

In exercising its powers, functions, and dutiesunder this Act, the Council shall —

1. consult with the Citizens’ AdvisoryCommittee on Environmental Qualityestablished by Executive Order No.11472, dated May 29, 1969, and with suchrepresentatives of science, industry, agri-culture, labor, conservation organizations,state and local governments and othergroups, as it deems advisable; and

2. utilize, to the fullest extent possible, theservices, facilities and information(including statistical information) of pub-lic and private agencies and organizations,and individuals, in order that duplication

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of effort and expense may be avoided,thus assuring that the Council’s activitieswill not unnecessarily overlap or conflictwith similar activities authorized by lawand performed by established agencies.

Sec. 206 [42 USC § 4346].

Members of the Council shall serve full timeand the Chairman of the Council shall be com-pensated at the rate provided for Level II of theExecutive Schedule Pay Rates [5 USC § 5313].The other members of the Council shall be com-pensated at the rate provided for Level IV of theExecutive Schedule Pay Rates [5 USC § 5315].

Sec. 207 [42 USC § 4346a].

The Council may accept reimbursements fromany private nonprofit organization or from anydepartment, agency, or instrumentality of thefederal government, any state, or local govern-ment, for the reasonable travel expensesincurred by an officer or employee of theCouncil in connection with his attendance atany conference, seminar, or similar meetingconducted for the benefit of the Council.

Sec. 208 [42 USC § 4346b].

The Council may make expenditures in supportof its international activities, including expendi-tures for: (1) international travel; (2) activitiesin implementation of international agreements;and (3) the support of international exchangeprograms in the United States and in foreigncountries.

Sec. 209 [42 USC § 4347].

There are authorized to be appropriated to carryout the provisions of this chapter not to exceed$300,000 for fiscal year 1970, $700,000 for fis-cal year 1971, and $1,000,000 for each fiscalyear thereafter.

The Environmental Quality ImprovementAct, as amended (Pub. L. No. 91- 224, Title II,April 3, 1970; Pub. L. No. 97-258, September13, 1982; and Pub. L. No. 98-581, October 30,1984.

42 USC § 4372.

(a) There is established in the ExecutiveOffice of the President an office to be knownas the Office of Environmental Quality

(hereafter in this chapter referred to as the“Office”). The Chairman of the Council onEnvironmental Quality established by PublicLaw 91-190 shall be the Director of theOffice. There shall be in the Office a DeputyDirector who shall be appointed by thePresident, by and with the advice and con-sent of the Senate.

(b) The compensation of the Deputy Directorshall be fixed by the President at a rate not inexcess of the annual rate of compensationpayable to the Deputy Director of the Officeof Management and Budget.

(c) The Director is authorized to employsuch officers and employees (includingexperts and consultants) as may be necessaryto enable the Office to carry out its functions;under this chapter and Public Law 91-190,except that he may employ no more than tenspecialists and other experts without regardto the provisions of Title 5, governingappointments in the competitive service, andpay such specialists and experts withoutregard to the provisions of chapter 51 andsubchapter III of chapter 53 of such titlerelating to classification and GeneralSchedule pay rates, but no such specialist orexpert shall be paid at a rate in excess of themaximum rate for GS-18 of the GeneralSchedule under section 5332 of Title 5.

(d) In carrying out his functions the Directorshall assist and advise the President on poli-cies and programs of the federal governmentaffecting environmental quality by —

1. providing the professional and admin-istrative staff and support for theCouncil on Environmental Qualityestablished by Public Law 91- 190;

2. assisting the federal agencies anddepartments in appraising the effec-tiveness of existing and proposed facil-ities, programs, policies, and activitiesof the federal government, and thosespecific major projects designated bythe President which do not require indi-vidual project authorization byCongress, which affect environmentalquality;

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3. reviewing the adequacy of existing sys-tems for monitoring and predictingenvironmental changes in order toachieve effective coverage and effi-cient use of research facilities and otherresources;

4. promoting the advancement of scientif-ic knowledge of the effects of actionsand technology on the environment andencouraging the development of themeans to prevent or reduce adverseeffects that endanger the health andwell-being of man;

5. assisting in coordinating among thefederal departments and agencies thoseprograms and activities which affect,protect, and improve environmentalquality;

6. assisting the federal departments andagencies in the development and inter-relationship of environmental qualitycriteria and standards establishedthroughout the federal government;

7. collecting, collating, analyzing, andinterpreting data and information onenvironmental quality, ecologicalresearch, and evaluation.

(e) The Director is authorized to contractwith public or private agencies, institutions,and organizations and with individuals with-out regard to section 3324(a) and (b) of Title31 and section 5 of Title 41 in carrying outhis functions.

42 USC § 4373.

Each Environmental Quality Report requiredby Public Law 91-190 shall, upon transmittal toCongress, be referred to each standing commit-tee having jurisdiction over any part of the sub-ject matter of the Report.

42 USC § 4374.

There are hereby authorized to be appropriatedfor the operations of the Office ofEnvironmental Quality and the Council onEnvironmental Quality not to exceed the fol-lowing sums for the following fiscal yearswhich sums are in addition to those contained inPublic Law 91- 190:

(a) $2,126,000 for the fiscal year endingSeptember 30, 1979.

(b) $3,000,000 for the fiscal years endingSeptember 30, 1980, and September 30,1981.

(c) $44,000 for the fiscal years endingSeptember 30, 1982, 1983, and 1984.

(d) $480,000 for each of the fiscal years end-ing September 30, 1985 and 1986.

42 USC § 4375.

(a) There is established an Office ofEnvironmental Quality Management Fund(hereinafter referred to as the “Fund”) toreceive advance payments from other agen-cies or accounts that may be used solely tofinance —

1. study contracts that are jointly spon-sored by the Office and one or moreother federal agencies; and

2. Federal interagency environmentalprojects (including task forces) inwhich the Office participates.

(b) Any study contract or project that is to befinanced under subsection (a) of this sectionmay be initiated only with the approval ofthe Director.

(c) The Director shall promulgate regula-tions setting forth policies and proceduresfor operation of the Fund.

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THE CLEAN AIR ACT § 309*

§ 7609. Policy review

(a) The Administrator shall review and com-ment in writing on the environmental impactof any matter relating to duties and responsi-bilities granted pursuant to this chapter orother provisions of the authority of theAdministration, contained in any (1) legisla-tion proposed by any federal department oragency, (2) newly authorized federal projectsfor construction and any major federalagency action (other than a project for con-struction) to which section 4332(2)(C) of thetitle applies, and (3) proposed regulationspublished by any department or agency ofthe federal government. Such written com-ment shall be made public at the conclusionof any such review.

(b) In the event the Administrator determinesthat any such legislation, action, or regulationis unsatisfactory from the standpoint of publichealth or welfare or environmental quality, heshall publish his determination and the mattershall be referred to the Council onEnvironmental Quality.

*July 14, 1955, c. 360, § 309, as addedDecember 31, 1970, Pub. L. 91-604 § 12(a), 42U.S.C. § 7609 (1970).

Executive Order 11514—Protection andenhancement of environmental quality

Source: The provisions of Executive Order11514 of Mar. 5, 1970, appear at 35 FR 4247, 3CFR, 1966-1970, Comp., p. 902, unless other-wise noted.

By virtue of the authority vested in me asPresident of the United States and in further-ance of the purpose and policy of the NationalEnvironmental Policy Act of 1969 (Public LawNo. 91-190, approved January 1, 1970), it isordered as follows:

Section 1. Policy. The federal government shallprovide leadership in protecting and enhancingthe quality of the Nation’s environment to sus-tain and enrich human life. Federal agenciesshall initiate measures needed to direct their

policies, plans and programs so as to meetnational environmental goals. The Council onEnvironmental Quality, through the Chairman,shall advise and assist the President in leadingthis national effort.

Sec. 2. Responsibilities of federal agencies.Consonant with Title I of the NationalEnvironmental Policy Act of 1969, hereafterreferred to as the “Act”, the heads of federalagencies shall:

(a) Monitor, evaluate, and control on a continu-ing basis their agencies’ activities so as to pro-tect and enhance the quality of the environment.Such activities shall include those directed tocontrolling pollution and enhancing the envi-ronment and those designed to accomplishother program objectives which may affect thequality of the environment. Agencies shalldevelop programs and measures to protect andenhance environmental quality and shall assessprogress in meeting the specific objectives ofsuch activities. Heads of agencies shall consultwith appropriate federal, state and local agen-cies in carrying out their activities as they affectthe quality of the environment.

(b) Develop procedures to ensure the fullestpracticable provision of timely public informa-tion and understanding of federal plans and pro-grams with environmental impact in order toobtain the views of interested parties. Theseprocedures shall include, whenever appropriate,provision for public hearings, and shall providethe public with relevant information, includinginformation on alternative courses of action.federal agencies shall also encourage state andlocal agencies to adopt similar procedures forinforming the public concerning their activitiesaffecting the quality of the environment.

(c) Insure that information regarding existing orpotential environmental problems and controlmethods developed as part of research, devel-opment, demonstration, test, or evaluationactivities is made available to federal agencies,states, counties, municipalities, institutions, andother entities, as appropriate.

(d) Review their agencies’ statutory authority,administrative regulations, policies, and proce-dures, including those relating to loans, grants,

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contracts, leases, licenses, or permits, in orderto identify any deficiencies or inconsistenciestherein which prohibit or limit full compliancewith the purposes and provisions of the Act. Areport on this review and the corrective actionstaken or planned, including such measures to beproposed to the President as may be necessaryto bring their authority and policies into confor-mance with the intent, purposes, and proceduresof the Act, shall be provided to the Council onEnvironmental Quality not later than September1, 1970.

(e) Engage in exchange of data and researchresults, and cooperate with agencies of othergovernments 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 responsibilities underthe Act and this Order, comply with the regula-tions issued by the Council except where suchcompliance would be inconsistent with statuto-ry requirements.

[Sec. 2 amended by Executive Order 11991 ofMay 24, 1977, 42 FR 26967, 3 CFR, 1977Comp., p. 123]

Sec. 3. Responsibilities of Council onEnvironmental Quality. The Council onEnvironmental Quality shall:

(a) Evaluate existing and proposed policies andactivities of the federal government directed tothe control of pollution and the enhancement ofthe environment and to the accomplishment ofother objectives which affect the quality of theenvironment. This shall include continuingreview of procedures employed in the develop-ment and enforcement of federal standardsaffecting environmental quality. Based uponsuch evaluations the Council shall, whereappropriate, recommend to the President poli-cies and programs to achieve more effectiveprotection and enhancement of environmentalquality and shall, where appropriate, seek reso-lution of significant environmental issues.

(b) Recommend to the President and to theagencies priorities among programs designedfor the control of pollution and for the enhance-ment of the environment.

(c) Determine the need for new policies andprograms for dealing with environmental prob-lems not being adequately addressed.

(d) Conduct, as it determines to be appropriate,public hearings or conferences on issues ofenvironmental significance.

(e) Promote the development and use of indicesand monitoring systems (1) to assess environ-mental conditions and trends, (2) to predict theenvironmental impact of proposed public andprivate actions, and (3) to determine the effec-tiveness of programs for protecting and enhanc-ing environmental quality.

(f) Coordinate federal programs related to envi-ronmental quality.

(g) Advise and assist the President and the agen-cies in achieving international cooperation fordealing with environmental problems, under theforeign policy guidance of the Secretary ofState.

(h) Issue regulations to federal agencies for theimplementation of the procedural provisions ofthe Act (42 U.S.C. 4332(2)). Such regulationsshall be developed after consultation withaffected agencies and after such public hearingsas may be appropriate. They will be designed tomake the environmental impact statementprocess more useful to decisionmakers and thepublic; and to reduce paperwork and the accu-mulation of extraneous background data, inorder to emphasize the need to focus on realenvironmental issues and alternatives. Theywill require impact statements to be concise,clear, and to the point, and supported by evi-dence that agencies have made the necessaryenvironmental analyses. The Council shallinclude in its regulations procedures (1) for theearly preparation of environmental impactstatements, and (2) for the referral to theCouncil of conflicts between agencies concern-ing the implementation of the NationalEnvironmental Policy Act of 1969, as amended,and Section 309 of the Clean Air Act, as amend-ed, for the Council’s recommendation as to theirprompt resolution.

(i) Issue such other instructions to agencies, andrequest such reports and other information fromthem, as may be required to carry out the

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Council’s responsibilities under the Act.(j) Assist the President in preparing the annualEnvironmental Quality Report provided for insection 201 of the Act.

(k) Foster investigations, studies, surveys,research, and analyses relating to (i) ecologicalsystems and environmental quality, (ii) theimpact of new and changing technologies there-on, and (iii) means of preventing or reducingadverse effects from such technologies.

[Sec. 3 amended by Executive Order 11991 ofMay 24, 1977, 42 FR 26967, 3 CFR, 1977Comp., p. 123]

Sec. 4. Amendments of E.O. 11472.

[Sec. 4 amends Executive Order 11472 of May29, 1969, Chapter 40. The amendments havebeen incorporated into that order.]

NEPAnet:

http://ceq.eh.doe.gov/nepanet.htm

NEPAnet is the web site established to serve asa central repository for NEPA information. Itprovides access to NEPA, the regulations andprocedures employed by federal agencies, CEQguidance, and NEPA points of contact withinthe federal agencies, tribes and the states. Thesite also provides a mechanism for identifyingpotential participants (state, tribal, and localgovernments) and serves as a link to environ

mental resource information (statistical trendsand tracking data). The NEPAnet site alsointerfaces with other federal agencies’ sites byproviding links to their environmental planninginformation sites. guidance, and NEPA pointsof contact within the federal agencies, tribesand the states. The site also provides a mecha-nism for identifying potential participants(state, tribal, and local governments) and servesas a link to environmental resource information(statistical trends and tracking data). TheNEPAnet site also interfaces with other federalagencies’ sites by providing links to their envi-ronmental planning information sites.

Access to environmental datasets is provided onthe “environmental statistics” page of theNEPAnet web site which provides a compila-tion of environmental statistics and trends, com-plemented with hot-links – or passageways – tothe data compiled by EPA, Interior, and othergovernment agencies. In addition, the “envi-ronmental impact analysis data links” page ofNEPAnet provides access to online environ-mental datasets and libraries compiled by theUnited States Geological Survey. For example, the USGS site provides access to data sets suchas the National Wetlands Inventory maps anddata, the USGS maps and data tables for waterdata stations in the US, as well as to librariessuch as the largest known collection of on-linepublications related to forestry research main-tained by the Forest Service.

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Sec. 1506.9 Filing requirements.

(a) Environmental impact statements together with commentsand responses shall be filed with the Environmental ProtectionAgency, attention Office of Federal Activities, EIS Filing Section,Ariel Rios Building (South Oval Lobby), Mail Code 2252-A, Room7220, 1200 Pennsylvania Ave., NW., Washington, DC 20460.This address is for deliveries by US Postal Service (includingUSPS Express Mail).

(b) For deliveries in-person or by commercial express mailservices, including Federal Express or UPS, the correct addressis: US Environmental Protection Agency, Office of FederalActivities, EIS Filing Section, Ariel Rios Building (South OvalLobby), Room 7220, 1200 Pennsylvania Avenue, NW.,Washington, DC 20004.

(c) Statements shall be filed with the EPA no earlier than they arealso transmitted to commenting agencies and made available tothe public. EPA shall deliver one copy of each statement to theCouncil, which shall satisfy the requirement of availability to thePresident. EPA may issue guidelines to agencies to implement itsresponsibilities under this section and Sec. 1506.10.

[70 FR 41148, July 18, 2005]

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