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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(a) Until an agency issues a record of decision as provided in SS 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 impact; or
(2) Limit the choice of reasonable alternatives.
(b) If any agency is considering an application from anon-Federal entity, and is aware
that the applicant is about to take an action within the agency's jurisdiction that would meet
either of the criteria in paragraph (a) of this section, then the agency shall promptly notify the
applicant that the agency will take appropriate action to insure that the objectives and
procedures of NEPA are achieved.
(c) While work on a required program environmental impact statement is in progress
and the action is not covered by an existing program statement, agencies shall not undertake
in the interim any major Federal action covered by the program which may significantly
affect the quality of the human environment unless such action:
(1) Is justified independently of the program;
(2) Is itself accompanied by an adequate environmental impact statement; and
(3) Will not prejudice the ultimate decision on the program. Interim action prejudices
the ultimate decision on the program when it tends to determine subsequent development or
limit alternatives.
(d) This section does not preclude development by applicants of plans or designs or
performance of other work necessary to support an application for Federal, State or local
permits or assistance. Nothing in this section shall preclude Rural Electrification
Administration approval of minimal expenditures not affecting the environment (eg. long
leadtime equipment and purchase options) made by non-governmental entities seeking loan
guarantees from the Administration.
1506.2 Elimination of duplication with State and local procedures.
(a) Agencies authorized by law to cooperate with State agencies of statewide
jurisdiction 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 to reduce duplication between NEPA and State and local requirements, unless the
agencies are specifically barred from doing so by some other law. Except for cases covered
by paragraph (a) of this section, such cooperation shall to the fullest extent possible include:
(1) Joint planning processes.
(2) Joint environmental research and studies.
(3) Joint public hearings (except where otherwise provided by statute).
(4) Joint environmental assessments.
(c) Agencies shall cooperate with State and local agencies to the fullest extent
possible to reduce duplication between NEPA and comparable State and local requirements,
unless the agencies are specifically barred from doing so by some other law. Except for
cases covered by paragraph (a) of this section, such cooperation shall to the fullest extent
possible include joint environmental impact statements. In such cases one or more Federal
agencies and one or more State or local agencies shall be joint lead agencies. Where State
laws or local ordinances have environmental impact statement requirements in addition to but