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Environmental Compliance |
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY
COUNCIL ON ENVIRONMENTAL QUALITY NEPA REGULATIONS
PART 1500 - PURPOSE, POLICY, AND MANDATE
1500.1 Purpose.
(a) The National Environmental Policy Act (NEPA) is our basic national charter for protection of the environment. It establishes policy, sets goals (section 101), and provides means ( § 102) for carrying out the policy. Section 102(2) contains "action-forcing" provisions to make sure that federal agencies act according to the letter and spirit of the Act. The regulations that follow implement section 102(2). Their purpose is to tell federal agencies what they must do to comply with the procedures and achieve the goals of the Act. The President, the federal agencies, and the courts share responsibility for enforcing the Act so as to achieve the substantive requirements of section 101.
(b) NEPA procedures must insure that environmental information is available to public officials and citizens before decisions are made and before actions are taken. The information must be of high quality. Accurate scientific analysis, expert agency comments, and public scrutiny are essential to implementing NEPA. Most important, NEPA documents must concentrate on the issues that are truly significant to the action in question, rather than amassing needless detail.
(c) Ultimately, of course, it is not better documents but better decisions that count. NEPA's purpose is not to generate paperwork-even excellent paperwork-but to foster excellent action. The NEPA process is intended to help public officials make decisions that are based on understanding of environmental consequences, and take actions that protect, restore, and enhance the environment. These regulations provide the direction to achieve this purpose.
1500.2 Policy.
Federal agencies shall to the fullest extent possible:
(a) Interpret and administer the policies, regulations, and public laws of the United States in accordance with the policies set forth in the Act and in these regulations.
(b) Implement procedures to make the NEPA process more useful to decisionmakers and the public; to reduce paperwork and the accumulation of extraneous background data; and to emphasize real environmental issues and alternatives. Environmental impact statements shall be concise, clear, and to the point, and shall be supported by evidence that agencies have made the necessary environmental analyses.
(c) Integrate the requirements of NEPA with other planning and environmental review procedures required by law or by agency practice so that all such procedures run concurrently rather than consecutively.
(d) Encourage and facilitate public involvement in decisions which affect the quality of the human environment.
(e) Use the NEPA process to identify and assess the reasonable alternatives to proposed actions that will avoid or minimize adverse effects of these actions upon the quality of the human environment.
(f) Use all practicable means, consistent with the requirements of the Act and other essential considerations of national policy, to restore and enhance the quality of the human environment and avoid or minimize any possible adverse effects of their actions upon the quality of the human environment.
1500.3 Mandate.
Parts 1500 through 1508 of this title provide regulations applicable to and binding on all Federal agencies for implementing the procedural provisions of the National Environmental Policy Act of 1969, as amended (Pub. L. 91-190, 42 U.S.C. 4321 et seq.) (NEPA or the Act) except where compliance would be inconsistent with other statutory requirements. These regulations are issued pursuant to NEPA, the Environmental Quality Improvement Act of 1970, as amended (42 U.S.C. 4371 et seq.) section 309 of the Clean Air Act, as amended (42 U.S.C. 7609) and Executive Order 11514, Protection and Enhancement of Environmental Quality (March 5, 1970, as amended by Executive Order 11991, May 24, 1977). These regulations, unlike the predecessor guidelines, are not confined to sec. 102(2)(C) (environmental impact statements). The regulations apply to the whole of section 102(2). The provisions of the Act and of these regulations must be read together as a whole in order to comply with the spirit and letter of the law. It is the Council's intention that judicial review of agency compliance with these regulations not occur before an agency has filed the final environmental impact statement, or has made a final finding of no significant impact (when such a finding will result in action affecting the environment), or takes action that will result in irreparable injury. Furthermore, it is the Council's intention that any trivial violation of these regulations not give rise to any independent cause of action.
1500.4 Reducing paperwork.
Agencies shall reduce excessive paperwork by:
(a) Reducing the length of environmental impact statements (§ 1502.2(c)), by means such as setting appropriate page limits (§ 1501.7(b)(1) and 1502.7).
(b) Preparing analytic rather than encyclopedic environmental impact statements (§ 1502.2(a)).
(c) Discussing only briefly issues other than significant ones (§ 1502.2(b)).
(d) Writing environmental impact statements in plain language (§ 1502.8).
(e) Following a clear format for environmental impact statements (§ 1502.10).
(f) Emphasizing the portions of the environmental impact statement that are useful to decisionmakers and the public (§ 1502.14 and 1502.15) and reducing emphasis on background material (§ 1502.16).
(g) Using the scoping process, not only to identify significant environmental issues deserving of study, but also to deemphasize insignificant issues, narrowing the scope of the environmental impact statement process accordingly (§ 1501.7).
(h) Summarizing the environmental impact statement (§ 1502.12) and circulating the summary instead of the entire environmental impact statement if the latter is unusually long (§ 1502.19).
(i) Using program, policy, or plan environmental impact statements and tiering from statements of broad scope to those of narrower scope, to
eliminate repetitive discussions of the same issues (§ 1502.4 and 1502.20).(j) Incorporating by reference (§ 1502.21).
(k) Integrating NEPA requirements with other environmental review and consultation requirements (§ 1502.25).
(l) Requiring comments to be as specific as possible (§ 1503.3).
(m) Attaching and circulating only changes to the draft environmental impact statement, rather than rewriting and circulating the entire statement when changes are minor (§ 1503.4(c)).
(n) Eliminating duplication with State and local procedures, by providing for joint preparation (§ 1506.2), and with other Federal procedures, by providing that an agency may adopt appropriate environmental documents prepared by another agency ( 1506.3).
(o) Combining environmental documents with other documents (§ 1506.4).
(p) Using categorical exclusions to define categories of actions which do not individually or cumulatively have a significant effect on the human
environment and which are therefore exempt from requirements to prepare an environmental impact statement (§ 1508.4).(q) Using a finding of no significant impact when an action not otherwise excluded will not have a significant effect on the human environment and is therefore exempt from requirements to prepare an environmental impact statement (§ 1508.13). [§ 1500.4 amended at 44 FR 873, Jan. 3, 1979]
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 is prepared, rather than submission of adversary comments on a completed document (§ 1501.6).
(c) Insuring the swift and fair resolution of lead agency disputes (§ 1501.5).
(d) Using the scoping process for an early identification of what are and what are not the real issues (• 1501.7).
(e) Establishing appropriate time limits for the environmental impact statement process (• 1501.7(b)(2) and 1501.8).
(f) Preparing environmental impact statements early in the process (• 1502.5).
(g) Integrating NEPA requirements with other environmental review and consultation requirements (§ 1502.25).
(h) Eliminating duplication with State and local procedures by providing for joint preparation (§ 1506.2) and with other Federal procedures by providing that an agency may adopt appropriate environmental documents prepared by another agency (§ 1506.3).
(i) Combining environmental documents with other documents (§ 1506.4).
(j) Using accelerated procedures for proposals for legislation (§ 1506.8).
(k) Using categorical exclusions to define categories of actions which do not individually or cumulatively have a significant effect on the human environment (§ 1508.4) and which are therefore exempt from requirements to prepare an environmental impact statement.
(l) Using a finding of no significant impact when an action not otherwise excluded will not have a significant effect on the human environment
(§ 1508.13) and is therefore exempt from requirements to prepare an environmental impact statement.
1500.6 Agency authority.
Each agency shall interpret the provisions of the Act as a supplement to its existing authority and as a mandate to view traditional policies and missions in the light of the Act's national environmental objectives. Agencies shall review their policies, procedures, and regulations accordingly and revise them as necessary to insure full compliance with the purposes and provisions of the Act. The phrase "to the fullest extent possible" in section 102 means that each agency of the Federal Government shall comply with that section unless existing law applicable to the agency's operations expressly prohibits or makes compliance impossible.