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

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(c) Under section 102(2)(C) of the Act other Federal agencies may make similar reviews
of environmental impact statements, including judgments on the acceptability of anticipated
environmental impacts. These reviews must be made available to the President, the Council
and the public.
1504.2 Criteria for referral.
Environmental referrals should 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. In determining what environmental objections to the matter are appropriate to
refer to the Council, an agency should weigh potential adverse environmental impacts,
considering:
(a) Possible violation of national environmental standards or policies.
(b) Severity.
(c) Geographical scope.
(d) Duration.
(e) Importance as precedents.
(f1 Availability of environmentally preferable alternatives.
1504.3 Procedure for referrals and response.
(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 a satisfactory agreement is reached.
(2) Include such advice in the referring agency's comments on the draft environmental
impact statement, except when the statement does not contain adequate information to permit
an assessment of the matter's environmental acceptability.
(3) Identify any essential information that is lacking and request that it be made available
at the earliest possible time.
(4) Send copies of such advice to the Council.
(b) The referring agency shall deliver its referral to the Council not later than twenty-five
(25) days after the final environmental impact statement has been made available to the
Environmental Protection Agency, commenting agencies, and the public. Except when an
extension of this period has been granted by the lead agency, the Council will not accept a
referral after that date.
(c) The referral shall consist of:
(1) A copy of the letter signed by the head of the referring agency and delivered to the
lead agency informing the lead agency of the referral and the reasons for it, and requesting
that no action be taken to implement the matter until the Council acts upon the referral. The
letter shall include a copy of the statement referred to in (c)(2) below.
(2) A statement supported by factual evidence leading to the conclusion that the matter is
unsatisfactory from the standpoint of public health or welfare or environmental quality. The
statement shall:
(i) Identify any material facts in controversy and incorporate (by reference if
appropriate) agreed upon facts,