TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY
COUNCIL ON ENVIRONMENTAL QUALITY NEPA REGULATIONS
PART 1505 - NEPA AND AGENCY DECISIONMAKING
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.
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.
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.
January 22, 2009