1625-0015 Stat/Authority

Council on Environmental Quality

§ 1505.1

not later than the referral. Views in
support of the response shall be delivered not later than the response.
(f) Not later than twenty-five (25)
days after receipt of both the referral
and any response or upon being informed that there will be no response
(unless the lead agency agrees to a
longer time), the Council may take one
or more of the following actions:
(1) Conclude that the process of referral and response has successfully resolved the problem.
(2) Initiate discussions with the agencies with the objective of mediation
with referring and lead agencies.
(3) Hold public meetings or hearings
to obtain additional views and information.
(4) Determine that the issue is not
one of national importance and request
the referring and lead agencies to pursue their decision process.
(5) Determine that the issue should
be further negotiated by the referring
and lead agencies and is not appropriate for Council consideration until
one or more heads of agencies report to
the Council that the agencies’ disagreements are irreconcilable.
(6) Publish its findings and recommendations (including where appropriate a finding that the submitted evidence does not support the position of
an agency).
(7) When appropriate, submit the referral and the response together with
the Council’s recommendation to the
President for action.
(g) The Council shall take no longer
than 60 days to complete the actions
specified in paragraph (f)(2), (3), or (5)
of this section.
(h) When the referral involves an action required by statute to be determined on the record after opportunity
for agency hearing, the referral shall
be conducted in a manner consistent
with 5 U.S.C. 557(d) (Administrative
Procedure Act).
[43 FR 55998, Nov. 29, 1978; 44 FR 873, Jan. 3,
1979]

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PART 1505—NEPA AND AGENCY
DECISIONMAKING
Sec.
1505.1

1505.2 Record of decision in cases requiring
environmental impact statements.
1505.3 Implementing the decision.
AUTHORITY: NEPA, the Environmental
Quality Improvement Act of 1970, as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean
Air Act, as amended (42 U.S.C. 7609), and E.O.
11514 (Mar. 5, 1970, as amended by E.O. 11991,
May 24, 1977).
SOURCE: 43 FR 55999, Nov. 29, 1978, unless
otherwise noted.

§ 1505.1 Agency decisionmaking procedures.
Agencies shall adopt procedures
(§ 1507.3) to ensure that decisions are
made in accordance with the policies
and purposes of the Act. Such procedures shall include but not be limited
to:
(a) Implementing procedures under
section 102(2) to achieve the requirements of sections 101 and 102(1).
(b) Designating the major decision
points for the agency’s principal programs likely to have a significant effect on the human environment and assuring that the NEPA process corresponds with them.
(c) Requiring that relevant environmental documents, comments, and responses be part of the record in formal
rulemaking
or
adjudicatory
proceedings.
(d) Requiring that relevant environmental documents, comments, and responses
accompany
the
proposal
through existing agency review processes so that agency officials use the
statement in making decisions.
(e) Requiring that the alternatives
considered by the decisionmaker are
encompassed by the range of alternatives discussed in the relevant environmental documents and that the decisionmaker consider the alternatives
described in the environmental impact
statement. If another decision document accompanies the relevant environmental documents to the decisionmaker, agencies are encouraged to
make available to the public before the
decision is made any part of that document that relates to the comparison of
alternatives.

Agency decisionmaking procedures.

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§ 1505.2

40 CFR Ch. V (7–1–11 Edition)

§ 1505.2 Record of decision in cases requiring
environmental
impact
statements.
At the time of its decision (§ 1506.10)
or, if appropriate, its recommendation
to Congress, each agency shall prepare
a concise public record of decision. The
record, which may be integrated into
any other record prepared by the agency, including that required by OMB
Circular A–95 (Revised), part I, sections
6(c) and (d), and part II, section 5(b)(4),
shall:
(a) State what the decision was.
(b) Identify all alternatives considered by the agency in reaching its decision, specifying the alternative or alternatives which were considered to be
environmentally preferable. An agency
may discuss preferences among alternatives based on relevant factors including economic and technical considerations and agency statutory missions. An agency shall identify and discuss all such factors including any essential considerations of national policy which were balanced by the agency
in making its decision and state how
those considerations entered into its
decision.
(c) State whether all practicable
means to avoid or minimize environmental harm from the alternative selected have been adopted, and if not,
why they were not. A monitoring and
enforcement program shall be adopted
and summarized where applicable for
any mitigation.

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§ 1505.3

Implementing the decision.

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

were adopted by the agency making
the decision.
(d) Upon request, make available to
the public the results of relevant monitoring.

PART 1506—OTHER REQUIREMENTS
OF NEPA
Sec.
1506.1 Limitations on actions during NEPA
process.
1506.2 Elimination of duplication with State
and local procedures.
1506.3 Adoption.
1506.4 Combining documents.
1506.5 Agency responsibility.
1506.6 Public involvement.
1506.7 Further guidance.
1506.8 Proposals for legislation.
1506.9 Filing requirements.
1506.10 Timing of agency action.
1506.11 Emergencies.
1506.12 Effective date.
AUTHORITY: NEPA, the Environmental
Quality Improvement Act of 1970, as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean
Air Act, as amended (42 U.S.C. 7609), and E.O.
11514 (Mar. 5, 1970, as amended by E.O. 11991,
May 24, 1977).
SOURCE: 43 FR 56000, Nov. 29, 1978, unless
otherwise noted.

§ 1506.1 Limitations on actions during
NEPA process.
(a) Until an agency issues a record of
decision as provided in § 1505.2 (except
as provided in paragraph (c) of this section), no action concerning the proposal shall be taken which would:
(1) Have an adverse environmental
impact; or
(2) Limit the choice of reasonable alternatives.
(b) If any agency is considering an
application from a non-Federal entity,
and is aware that the applicant is
about to take an action within the
agency’s jurisdiction that would meet
either of the criteria in paragraph (a)
of this section, then the agency shall
promptly notify the applicant that the
agency will take appropriate action to
insure that the objectives and procedures of NEPA are achieved.
(c) While work on a required program
environmental impact statement is in
progress and the action is not covered
by an existing program statement,

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