Title 40--PROTECTION OF ENVIRONMENT
Chapter V--COUNCIL ON ENVIRONMENTAL QUALITY


environment. It establishes policy, sets goals (section 101), and provides means (section 102) for carrying out the policy. Section 102(2) contains ``action-forcing'' provisions to...


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...


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) [[Page...


1502.2(c)), by means such as setting appropriate page limits (Secs. 1501.7(b)(1) and 1502.7). (b) Preparing analytic rather than encyclopedic environmental impact...


1501.2). (b) Emphasizing interagency cooperation before the environmental impact statement is prepared, rather than submission of adversary comments on a completed...


to view traditional policies and missions in the light of the Act's national environmental objectives. Agencies shall review their policies, procedures, and regulations...


consideration of NEPA's policies and to eliminate delay. (b) Emphasizing cooperative consultation among agencies before the environmental impact statement is prepared...


that planning and decisions reflect environmental values, to avoid delays later in the process, and to head off potential conflicts. Each agency shall: (a) Comply with the...


the procedures adopted by individual agencies to supplement these regulations as described in Sec. 1507.3. An assessment is not necessary if the agency has decided...


agency shall: (a) Determine under its procedures supplementing these regulations (described in Sec. 1507.3) whether the proposal is one which: (1) Normally requires...


either: (1) Proposes or is involved in the same action; or (2) Is involved in a group of actions directly related to each other because of their functional interdependence...


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...


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...


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...


insure that the policies and goals defined in the [[Page 642]] Act are infused into the ongoing programs and actions of the Federal Government. It shall provide full and...


following manner: (a) Environmental impact statements shall be analytic rather than encyclopedic. (b) Impacts shall be discussed in proportion to their significance....


to be included in every recommendation or report. On proposals (Sec. 1508.23). For legislation and (Sec. 1508.17). Other major Federal actions (Sec. 1508.18). ...


which is the subject of an environmental impact statement is properly defined. Agencies shall use the criteria for scope (Sec. 1508.25) to determine which proposal(s) shall be...


developing or is presented with a proposal (Sec. 1508.23) so that preparation can be completed in time for the final statement to be included in any recommendation or report on...


insure the integrated use of the natural and social sciences and the environmental design arts (section 102(2)(A) of the Act). The disciplines of the preparers shall be...


[Code of Federal Regulations] [Title 40, Volume 29] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1502.7] [Page 643] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY PART 1502--ENVIRONMENTAL IMPACT STATEMENT--Table of Contents Sec. 1502.7 Page limits. The text of final environmental impact statements (e.g., paragraphs (d) through (g) of Sec. 1502.10) shall normally be less than 150 pages and for proposals of unusual scope or complexity shall normally be less than 300 pages. ...


the public can readily understand them. Agencies should employ writers of clear prose or editors to write, review, or edit statements, which will be based upon the...


statements shall be prepared in two stages and may be supplemented. (a) Draft environmental impact statements shall be prepared in accordance with the scope decided upon in...


clear presentation of the alternatives including the proposed action. The following standard format for environmental impact statements should be followed unless the agency...


lead agency and any cooperating agencies. (b) The title of the proposed action that is the subject of the statement (and if appropriate the titles of related cooperating...


The summary shall stress the major conclusions, areas of controversy (including issues raised by agencies and the public), and the issues to be resolved (including...


[Code of Federal Regulations] [Title 40, Volume 29] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1502.13] [Page 645] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY PART 1502--ENVIRONMENTAL IMPACT STATEMENT--Table of Contents Sec. 1502.13 Purpose and need. The statement shall briefly specify the underlying purpose and need to which the agency is responding in proposing the alternatives including the proposed action. ...


and analysis presented in the sections on the Affected Environment (Sec. 1502.15) and the Environmental Consequences (Sec. 1502.16), it should present the environmental...


or created by the alternatives under consideration. The descriptions shall be no longer than is necessary to understand the effects of the alternatives. Data and analyses in...


shall consolidate the discussions of those elements required by sections 102(2)(C)(i), (ii), (iv), and (v) of NEPA which are within the scope of the statement and as much of...


professional disciplines), of the persons who were primarily responsible for preparing the environmental impact statement or significant background papers, including...


material prepared in connection with an environmental impact statement (as distinct from material which is not so prepared and which is incorporated by reference (Sec. 1502.21)). ...


except for certain appendices as provided in Sec. 1502.18(d) and unchanged statements as provided in Sec. 1503.4(c). However, if the statement is unusually long, the agency...


issues and to focus on the actual issues ripe for decision at each level of environmental review (Sec. 1508.28). Whenever a broad environmental impact statement has been...


the effect will be to cut down on bulk without impeding agency and public review of the action. The incorporated material shall be cited in the statement and its content...


the human environment in an environmental impact statement and there is incomplete or unavailable information, the agency shall always make clear that such information is lacking. ...


considered for the proposed action, it shall be incorporated by reference or appended to the statement as an aid in evaluating the environmental consequences. To assess the...


the discussions and analyses in environmental impact statements. They shall identify any methodologies used and shall make explicit reference by footnote to the scientific and other...


statements concurrently with and integrated with environmental impact analyses and related surveys and studies required by the Fish and Wildlife Coordination Act (16...


the agency shall: (1) Obtain the comments of any Federal agency which has jurisdiction by law or special expertise with respect to any environmental...


are authorized to develop and enforce environmental standards shall comment on statements within their jurisdiction, expertise, or authority. Agencies shall comment within the...


either the adequacy of the statement or the merits of the alternatives discussed or both. (b) When a commenting agency criticizes a lead agency's predictive methodology,...


and shall respond by one or more of the means listed below, stating its response in the final statement. Possible responses are to: (1) Modify alternatives including...


establishes procedures for referring to the Council Federal interagency disagreements concerning proposed major Federal actions that might cause unsatisfactory environmental effects....


be made to the Council only after concerted, timely (as early as possible in the process), but unsuccessful attempts to resolve differences with the lead agency....


(a) A Federal agency making the referral to the Council shall: (1) Advise the lead agency at the earliest possible time that it intends to refer a matter to the Council unless...


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...


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...


so in important cases. Mitigation (Sec. 1505.2(c)) and other conditions established in the environmental impact statement or during its review and committed as part of the decision...


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...


pursuant to section 102(2)(D) of the Act may do so. (b) Agencies shall cooperate with State and local agencies to the fullest extent possible...


statement or portion thereof meets the standards for an adequate statement under these regulations. (b) If the actions covered by the original environmental impact statement...


[Code of Federal Regulations] [Title 40, Volume 29] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1506.4] [Page 654] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY PART 1506--OTHER REQUIREMENTS OF NEPA--Table of Contents Sec. 1506.4 Combining documents. Any environmental document in compliance with NEPA may be combined with any other agency document to reduce duplication and paperwork. ...


the agency in preparing an environmental impact statement, then the agency should assist the applicant by outlining the types of information required. The agency shall...


procedures. (b) Provide public notice of NEPA-related hearings, public meetings, and the availability of environmental documents so as to inform those persons and agencies...


the Council may supplement from time to time, which shall in plain language provide guidance and instructions concerning the application of NEPA and these regulations. ...


of the human environment shall be integrated with the legislative process of the Congress. A legislative environmental impact statement is the detailed statement required by law...


Agency, attention Office of Federal Activities (A-104),1200 Pennsylvania Ave., NW., Washington, DC 20460. Statements shall be filed with EPA no earlier than they are...


the environmental impact statements filed during the preceding week. The minimum time periods set forth in this section shall be calculated from the date of publication of...


the provisions of these regulations, the Federal agency taking the action should consult with the Council about alternative arrangements. Agencies and the Council will limit...


qualify under section 102(2)(D) of the Act or under section 104(h) of the Housing and Community Development Act of 1974 an additional four months shall be allowed for the State...


[Code of Federal Regulations] [Title 40, Volume 29] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1507.1] [Page 657] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY PART 1507--AGENCY COMPLIANCE--Table of Contents Sec. 1507.1 Compliance. All agencies of the Federal Government shall comply with these regulations. 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. ...


below. Such compliance may include use of other's resources, but the using agency shall itself have sufficient capability to evaluate what others do for it....


five months after the establishment of an agency, whichever shall come later, each agency shall as necessary adopt procedures to supplement these regulations. When the agency is...


[Code of Federal Regulations] [Title 40, Volume 29] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1508.1] [Page 659] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY PART 1508--TERMINOLOGY AND INDEX--Table of Contents Sec. 1508.1 Terminology. The terminology of this part shall be uniform throughout the Federal Government. ...


[Code of Federal Regulations] [Title 40, Volume 29] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1508.2] [Page 659] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY PART 1508--TERMINOLOGY AND INDEX--Table of Contents Sec. 1508.2 Act. Act means the National Environmental Policy Act, as amended (42 U.S.C. 4321, et seq.) which is also referred to as ``NEPA.'' ...


[Code of Federal Regulations] [Title 40, Volume 29] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1508.3] [Page 659] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY PART 1508--TERMINOLOGY AND INDEX--Table of Contents Sec. 1508.3 Affecting. Affecting means will or may have an effect on. ...


on the human environment and which have been found to have no such effect in procedures adopted by a Federal agency in implementation of these regulations (Sec. 1507.3) and...


with respect to any environmental impact involved in a proposal (or a reasonable alternative) for legislation or other major Federal action significantly affecting the quality...


[Code of Federal Regulations] [Title 40, Volume 29] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1508.6] [Page 659] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY PART 1508--TERMINOLOGY AND INDEX--Table of Contents Sec. 1508.6 Council. Council means the Council on Environmental Quality established by title II of the Act. ...


to other past, present, and reasonably foreseeable future actions regardless of what agency (Federal or non-Federal) or person undertakes such other actions. Cumulative impacts...


effects, which are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable. Indirect effects may include growth...


serves to: (1) Briefly provide sufficient evidence and analysis for determining whether to prepare an environmental impact statement or a finding of no significant impact. ...


[Code of Federal Regulations] [Title 40, Volume 29] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1508.10] [Page 660] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY PART 1508--TERMINOLOGY AND INDEX--Table of Contents Sec. 1508.10 Environmental document. Environmental document includes the documents specified in Sec. 1508.9 (environmental assessment), Sec. 1508.11 (environmental impact statement), Sec. 1508.13 (finding of no significant impact), and Sec. 1508.22 (notice of intent). ...


[Code of Federal Regulations] [Title 40, Volume 29] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1508.11] [Page 660] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY PART 1508--TERMINOLOGY AND INDEX--Table of Contents Sec. 1508.11 Environmental impact statement. Environmental impact statement means a detailed written statement as required by section 102(2)(C) of the Act. ...


including the performance of staff functions for the President in his Executive Office. It also includes for purposes of these regulations States and units of general...


an action, not otherwise excluded (Sec. 1508.4), will not have a significant effect on the human environment and for which an environmental impact statement therefore will not...


relationship of people with that environment. (See the definition of ``effects'' (Sec. 1508.8).) This means that economic or social effects are not intended by themselves to...


[Code of Federal Regulations] [Title 40, Volume 29] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1508.15] [Page 661] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY PART 1508--TERMINOLOGY AND INDEX--Table of Contents Sec. 1508.15 Jurisdiction by law. Jurisdiction by law means agency authority to approve, veto, or finance all or part of the proposal. ...


[Code of Federal Regulations] [Title 40, Volume 29] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1508.16] [Page 661] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY PART 1508--TERMINOLOGY AND INDEX--Table of Contents Sec. 1508.16 Lead agency. Lead agency means the agency or agencies preparing or having taken primary responsibility for preparing the environmental impact statement. ...


of a Federal agency, but does not include requests for appropriations. The test for significant cooperation is whether the proposal is in fact predominantly that of the...


control and responsibility. Major reinforces but does not have a meaning independent of significantly (Sec. 1508.27). Actions include the circumstance where the responsible...


action or regulation as those terms are used in section 309(a) of the Clean Air Act (42 U.S.C. 7609). (b) With respect to all other agencies, any proposed major...


(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. [[Page 662]] (c) Rectifying the impact by repairing, rehabilitating,...


[Code of Federal Regulations] [Title 40, Volume 29] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1508.21] [Page 662] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY PART 1508--TERMINOLOGY AND INDEX--Table of Contents Sec. 1508.21 NEPA process. NEPA process means all measures necessary for compliance with the requirements of section 2 and title I of NEPA. ...


briefly: (a) Describe the proposed action and possible alternatives. (b) Describe the agency's proposed scoping process including whether, when, and where any...


to make a decision on one or more alternative means of accomplishing that goal and the effects can be meaningfully evaluated. Preparation of an environmental impact...


[Code of Federal Regulations] [Title 40, Volume 29] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1508.24] [Page 662] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY PART 1508--TERMINOLOGY AND INDEX--Table of Contents Sec. 1508.24 Referring agency. Referring agency means the federal agency which has referred any matter to the Council after a determination that the matter is unsatisfactory from the standpoint of public health or welfare or environmental quality. ...


scope of an individual statement may depend on its relationships to other statements (Secs. 1502.20 and 1508.28). To determine the scope of environmental impact statements,...


[Code of Federal Regulations] [Title 40, Volume 29] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1508.26] [Page 663] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY PART 1508--TERMINOLOGY AND INDEX--Table of Contents Sec. 1508.26 Special expertise. Special expertise means statutory responsibility, agency mission, or related program experience. ...


the significance of an action must be analyzed in several contexts such as society as a whole (human, national), the affected region, the affected interests, and the...


policy statements) with subsequent narrower statements or environmental analyses (such as regional or basinwide program statements or ultimately site-specific statements) incorporating...


a law which creates a procedure for any person to request official documents and other records from United States Government agencies. The law requires every Federal agency to make...


created by the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 through 4347). The Council's authority is derived from that Act, the Environmental...


the Senate. One member is designated as chairman by the President. All three serve in a full-time capacity. (b) The National Environmental Policy Act and the...


will be responsible for overseeing the Council's administration of the Freedom of Information Act and for receiving, routing, and overseeing the processing of all Freedom of...


whole or in part, you may make an appointment to inspect or copy the materials requested during regular business hours by writing or telephoning the Freedom of Information Officer...


the search and reproduction of information available under the Freedom of Information Act, 5 U.S.C. 552, as amended. (1) Search for records. Five dollars per hour when the search...


determine if the Council on Environmental Quality (hereafter known as the Council) maintains a system of records which includes a record pertaining to the individual; and ...


admitted for permanent residence; (b) The term maintain means maintain, collect, use or disseminate; (c) The term record means any item or collection or grouping...


Administrative Officer of the Council to determine if a system of records named by the individual contains a record pertaining to the individual. The individual shall submit a...


Administrative Officer of the Council pursuant to Sec. 1516.3 shall present the request at the Council's office, 722 Jackson Place NW., Washington, DC 20006, on any business day...


information contained in the record which pertains to that individual. (a) The individual may be accompanied for this purpose by a person of his choosing. (b) Upon...


states the individual's desire to correct or to amend his or her record. This request must be made in accordance with the procedures of Sec. 1516.4 and shall describe in detail...


to amend a record, the Administrative Officer of the Council will acknowledge in writing such receipt and promptly either: (a) Make any correction or amendment of any...


the Administrative Officer of the Council to correct or to amend his or her record by submitting a request for a review of such refusal to the General Counsel, Council on...


any individual other than to the individual to whom the record pertains without receiving the prior written consent of the individual to whom the record pertains, unless...


[Code of Federal Regulations] [Title 40, Volume 29] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1516.10] [Page 669] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY PART 1516--PRIVACY ACT IMPLEMENTATION--Table of Contents Sec. 1516.10 Fees. If an individual requests copies of his or her record, he or she shall be charged ten cents per page, excluding the cost of any search for the record, in advance of receipt of the pages. ...


the fullest information regarding the decisionmaking processes of the Federal Government, it is the purpose of this part to open the meetings of the Council on Environmental...


Environmental Quality established under title II of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 through 4347). (b) The term meeting means the deliberations...


observation subject to the exemptions provided in Sec. 1517.4. Members of the Council may not jointly conduct or dispose of the business of the Council other than in accordance...


information pertaining to such meeting or portion thereof may be withheld from the public, if the Council determines that such meeting or portion thereof or disclosure of...


vote to close to public observation a meeting or a portion or portions thereof, or to withhold information pertaining to such meeting. A separate vote of the members of the...


make a public announcement at least one week before a meeting, to include the following: (1) Time, place, and subject matter of the meeting; (2) Whether the meeting is to...


the public shall be made and retained for two years or for one year after the conclusion of any Council proceeding involved in the meeting whichever occurs later. The record of...


(a) Study contracts that are jointly sponsored by OEQ and one or more other Federal agency; and (b) Federal interagency environmental projects (including task forces) in which...


the later receipt of goods, services, or other assets. (b) Director: The Director of the Office of Environmental Quality. The Environmental Quality Improvement Act...


purposes and goals of the National Environmental Policy Act and/or the Environmental Quality Improvement Act. (b) Agency funds accepted by the Director for transfer into the...


supported by the OEQ Management Fund. (2) The charter must clearly state the relation of the study or project to the goals and purposes of the Office of Environmental Quality and...




PEO7.com 23945 Calabasas Rd. Suite 106, Calabasas, CA 91302 818-222-4572 cs@peo7.com
SiteMap  | Employee Leasing  | Exploring the Possibilities  | What is Employee Leasing  | Why use a Peo  | Free Advice  | Benefits to  Employees  |  Responsibilities of PEO  | Benefit Package  | HR Management  | Pre-Employment Screening  | The Issue of Control  |  Future of PEO |  Request For Proposal (RFP)  | Contact Us  | Peo Resources |  Terms of Service | FAQ