9629

• UCREFRP Catalog Number: 9629
• Author: U.S. Fish and Wildlife Service.
• Title: Selected NEPA Documents.
• USFW Year: 1993.
• USFW - Doc Type: \
• Copyright Material: NO

16
1501.4 Whether to prepare an environmental impact statement.
In determining whether to prepare an environmental impact statement the Federal agency
shall:
(a) Determine under its procedures supplementing these regulations (described in SS
1507.3) whether the proposal is one which:
(1) Normally requires an environmental impact statement, or
(2) Normally does not require either an environmental impact statement or an
environmental assessment (categorical exclusion).
(b) If the proposed action is not covered by paragraph (a) of this section, prepare an
environmental assessment (SS 1508.9). The agency shall involve environmental agencies,
applicants, and the public, to the extent practicable, in preparing assessments required by SS
1508.9(a)(1).
(c) Based on the environmental assessment make its determination whether to prepare an
environmental impact statement.
(d) Commence the scoping process (SS 1501.7), if the agency will prepare an
environmental impact statement.
(e) Prepare a finding of no significant impact (SS 1508.13), if the agency determines on
the basis of the environmental assessment not to prepare a statement.
(1) The agency shall make the finding of no significant impact available to the affected
public as specified in SS 1506.6.
(2) In certain limited circumstances, which the agency may cover in its procedures under
SS 1507.3, the agency shall make the finding of no significant impact available for public
review (including State and areawide clearinghouses) for 30 days before the agency makes its
final determination whether to prepare an environmental impact statement and before the
action may begin. The circumstances are:
(i) The proposed action is, or is closely similar to, one which normally requires the
preparation of an environmental impact statement under the procedures adopted by the
agency pursuant to SS 1507.3, or
(ii) The nature of the proposed action is one without precedent.
1501.5 Lead agencies.
(a) A lead agency shall supervise the preparation of an environmental impact statement if
more than one Federal agency 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 or geographical proximity.
(b) Federal, State, or local agencies, including at least one Federal agency, may act as
Joint lead agencies to prepare an environmental impact statement (SS 1506.2).
(c) If an action falls within the provisions of paragraph (a) of this section the potential
lead agencies shall determine by letter or memorandum which agency shall be the lead
agency and which shall be cooperating agencies. The agencies shall resolve the lead agency
question so as not to cause delay. If there is disagreement among the agencies, the following
factors (which are listed in order of descending importance) shall determine lead agency