PART 1507--AGENCY COMPLIANCE
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
(42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by E.O. 11991,
Source: 43 FR 56002, Nov. 29, 1978, unless otherwise noted.
Sec. 1507.1 Compliance.
All agencies of the Federal Government shall comply with these
It is the intent of these regulations to allow each agency flexibility in
adapting its implementing procedures authorized by Sec. 1507.3 to the
requirements of other applicable laws.
Sec. 1507.2 Agency capability to comply.
Each agency shall be capable (in terms of personnel and other resources)
complying with the requirements enumerated below. Such compliance may
use of other's resources, but the using agency shall itself have
capability to evaluate what others do for it. Agencies shall:
Sec. 1507.3 Agency procedures.
(c) Agency procedures may include specific criteria for providing
exceptions to the provisions of these regulations for classified
They are proposed actions which are specifically authorized under criteria
established by an Executive Order or statute to be kept secret in the
interest of national defense or foreign policy and are in fact properly
classified pursuant to such Executive Order or statute. Environmental
assessments and environmental impact statements which address classified
proposals may be safeguarded and restricted from public dissemination in
accordance with agencies' own regulations applicable to classified
information. These documents may be organized so that classified portions
be included as annexes, in order that the unclassified portions can be
available to the public.
(d) Agency procedures may provide for periods of time other than those
presented in Sec. 1506.10 when necessary to comply with other specific
(e) Agency procedures may provide that where there is a lengthy period
between the agency's decision to prepare an environmental impact statement
and the time of actual preparation, the notice of intent required by Sec.
1501.7 may be published at a reasonable time in advance of preparation of
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