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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(ii) Identify any existing environmental requirements or policies which would be violated
by the matter,
(iii) Present the reasons why the referring agency believes the matter is
environmentally unsatisfactory,
(iv) Contain a finding by the agency whether the issue raised is of national
importance because of the threat to national environmental resources or policies or for some
other reason,
(v) Review the steps taken by the referring agency to bring its concerns to the attention of
the lead agency at the earliest possible time, and
(vi) Give the referring agency's recommendations as to what mitigation alterative,
further study, or other course of action (including abandonment of the matter) are necessary
to remedy the situation.
(d) Not later than twenty-five (25) days after the referral to the Council the lead agency
may deliver a response to the Council and the referring agency. If the lead agency requests
more time and gives assurance that the matter will not go forward in the interim, the Council
may grant an extension. The response shall:
(1) Address fully the issues raised in the referral.
(2) Be supported by evidence.
(3) Give the lead agency's response to the referring agency's recommendations.
(e) Interested persons (including the applicant) may deliver their views in writing to the
Council. Views in support of the referral should be delivered not later than the referral.
Views in support of the response shall be delivered not later than the response.
(f) Not later than twenty-five (25) days after receipt of both the referral and any response
or upon being informed that there will be no response (unless the lead agency agrees to a
longer time), the Council may take one or more of the following actions:
(1) Conclude that the process of referral and response has successfully resolved the
problem.
(2) Initiate discussions with the agencies with the objective of mediation with referring
and lead agencies.
(3) Hold public meetings or hearings to obtain additional views and information.
(4) Determine that the issue is not one of national importance and request the referring
and lead agencies to pursue their decision process.
(5) Determine that the issue should be further negotiated by the referring and lead
agencies and is not appropriate for Council consideration until one or more heads of agencies
report to the Council that the agencies' disagreements are irreconcilable.
(6) Publish its findings and recommendations (including where appropriate a fording that
the submitted evidence does not support the position of an agency).
(7) When appropriate, submit the referral and the response together with the Council's
recommendation to the President for action.
(g) The Council shall take no longer than 60 days to complete the actions specified in
paragraph (f) (2), (3), or (5) of this section.
(h) When the referral involves an action required by statute to be determined on the
record after opportunity for agency hearing, the referral shall be conducted in a manner
consistent with 5 U.S.C. 557(d) (Administrative Procedure Act).