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

34
PART 1505-NEPA AND AGENCY DECISIONMAKING
Sec.
1505.1 Agency decisonmaking procedures.
1505.2 Record of decision in cases requiring environmental impact statements.
1505.3 Implementing the decision.
AUTHORITY: NEPA, the Environmental Quality Improvement Act of 1970, as amended
(42 U.S.C. 4371 et seq.). Section 309 of the Clean Air Act, as amended (42 U.S.C. 7609),
and Executive Order 11514, Protection and Enhancement of Environmental Quality (March
5, 1970, as amended by Executive Order 11991, May 24, 1977).
1505.1 Agency decisionmaking procedures.
Agencies shall adopt procedures (SS 1507.3) to ensure that decisions are 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 the requirements of sections
101 and 102(1).
(b) Designating the major decision points for the agency's principal programs likely to
have a significant effect on the human environment and assuring that the NEPA process
corresponds with them.
(c) Requiring that relevant environmental documents, comments, and responses be part
of the record in formal rulemaking or adjudicatory proceedings.
(d) Requiring that relevant environmental documents, comments, and responses
accompany the proposal through existing agency review processes so that agency officials
use the statement in making decisions.
(e) Requiring that the alternatives considered by the decisionmaker are encompassed by
the range of alternatives discussed in the relevant environmental documents and that the
decisionmaker consider the alternatives described in the environmental impact statement. If
another decision document accompanies the relevant environmental documents to the
decisionmaker, agencies are encouraged to make available to the public before the decision is
made any part of that document that relates to the comparison of alternatives.
1505.2 Record of decision in cases requiring environmental impact statements.
At the time of its decision (SS 1506.10) or, if appropriate, 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 agency, including that required by
OMB Circular A-95 (Revised), part I, sections 6 (c) and (d), and part II, section 5(b)(4),
shall:
(a) State what the decision was.
(b) Identify all alternatives considered by the agency in reaching its decision,
specifying the alternative or alternatives which were considered to be environmentally prefer-
able. An agency may discuss preferences among alternatives based on relevant factors