PART 1501--NEPA AND AGENCY PLANNING
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
Source: 43 FR 55992, Nov. 29, 1978, unless otherwise noted.
Sec. 1501.1 Purpose.
The purposes of this part include:
Sec. 1501.2 Apply NEPA early in the process.
Agencies shall integrate the NEPA process with other planning at the
earliest possible time to insure that planning and decisions reflect
environmental values, to avoid delays later in the process, and to head off
potential conflicts. Each agency shall:
Sec. 1501.4 Whether to prepare an environmental impact statement.
Sec. 1501.3 When to prepare an environmental assessment.
In determining whether to prepare an environmental impact statement the
Federal agency shall:
[43 FR 55992, Nov. 29, 1978; 44 FR 873, Jan. 3, 1979]
Sec. 1501.5 Lead agencies.
Sec. 1501.6 Cooperating agencies.
The purpose of this section is to emphasize agency cooperation early in
the NEPA process. Upon request of the lead agency, any other Federal agency
which has jurisdiction by law shall be a cooperating agency. In addition any
other Federal agency which has special expertise with respect to any
environmental issue, which should be addressed in the statement may be a
cooperating agency upon request of the lead agency. An agency may request
the lead agency to designate it a cooperating agency.
Sec. 1501.8 Time limits.
Sec. 1501.7 Scoping.
There shall be an early and open process for determining the scope of
issues to be addressed and for identifying the significant issues related to
a proposed action. This process shall be termed scoping. As soon as
practicable after its decision to prepare an environmental impact statement
and before the scoping process the lead agency shall publish a notice of
intent (Sec. 1508.22) in the Federal Register except as provided in Sec.
Although the Council has decided that prescribed universal time limits
for the entire NEPA process are too inflexible, Federal agencies are
encouraged to set time limits appropriate to individual actions (consistent
with the time intervals required by Sec. 1506.10). When multiple agencies
are involved the reference to agency below means lead agency.
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