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WSP03208
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Last modified
1/26/2010 12:49:11 PM
Creation date
10/11/2006 11:36:41 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8220.101.09
Description
Glen Canyon Dam/Lake Powell
State
AZ
Basin
Colorado Mainstem
Date
9/1/1989
Author
EPA
Title
Facts About the National Environmental Policy Act
Water Supply Pro - Doc Type
Publication
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<br />of NEPA. In some cases"there may be more than <br />one federal agency involved in an undertaking. <br />In .this situation, a lead agency is designated to <br />supervise preparation of the environmental <br />analysis, Federal agencies, together with state or <br />10cAalfagdenalcies, may ..act .as joint lei ad agencies. th ,t, <br />e er agency llavmg specia expertise wi <br />respect to an environmental issue or jurisdiction <br />by law may be a cooperating agency in the <br />NEP A process. A cooperating agency l1as the <br />responsibility to assist the lead agency by <br />participating in the NEP A process at the earliest <br />possible time; by participating in the scoping <br />process; in developing information and <br />preparing environmental analyses including <br />portions of the environmental impact statement <br />concerning wl1ich the cooperating agency has <br />special expertise: and in making available staff <br />support at the lead agency's request to enhance <br />the lead agency's interdisciplinary capabilities. <br />Under Section 1504 of CEQ's NEPA <br />regulations, federal agencies may refer to CEQ <br />interagency disagreements concerning proposed <br />federal actions that might cause unsatisfactory <br />environmental effects. CEQ's role, when it <br />accepts a referral, is generally to develop <br />findings and recommendations, consistent with <br />the policy goals of Section 101 of NEP A. The <br />referral process consists of certain steps and is <br />carried out within a specified time frame, <br />In deciding whether or not to refer an action, <br />an agency must consider the extent of potential <br />adverse environmental impacts including: <br />possible violation of national environmental <br />standards or policies, severity, geographical <br />scope, duration, importance as precedents, and <br />availability of environmentally preferable <br />alternatives. A referring agency must advise the <br />lead agency of its intention to refer the matter to <br />CEQ and notify CEQ. In advising the lead <br />agency, the referring agency will address the <br />reasons for the referral and recommendations for <br />remedying the situation. If the lead agency does " <br />not satisfactorily respond to the referral agency, I <br />then the matter is forwarded to CEQ. CEQ may J <br />take several actions to resolve the situation i <br />including: <br /> <br />. Discussing the matter with both agencies. <br /> <br />. Holding public meetings to obtain additional <br />information. <br /> <br />. Determining that the issue is not of national <br />importance and that the agencies sl10uld <br />proceed with their decision.making. <br /> <br />4 <br /> <br />. Publishing its fin,dings and recommendations. <br /> <br />. Submitting (when appropriate) the referral <br />and its recommendations to the President for <br />action. Altl10ugh not binding, CEQ's <br />recommendations carry weight and influence. <br />Agencies generally follow CEQ's guidance, <br /> <br />EP A's Role <br /> <br />The Environmental Protection Agency, like <br />other federal agencies, prepares and reviews <br />NEPA documents. However, EPA l1as a unique <br />responsibility in the NEPA review process, <br />Under Section 309 of the Clean Air Act, EP A is <br />required to review and publicly comment on the <br />environmental impacts of major federal actions <br />including actions which are the subject of EISs, <br />If EP A determines that the action is <br />environmentally unsatisfactory, it is required by <br />Section 309 to refer the matter to CEQ. In the <br />period between 1974 to 1989, there were 24 <br />referrals to CEQ, of which 14 were submitted by <br />EP A, EP A's 309 review process is described at <br />the end of this pamphlet. <br />Also, in accordance with a Memorandum of <br />Agreement between EPA and CEo. EPA carries <br />out the operational duties associated with the <br />administrative aspects of the EIS filing process, <br />The Office of Federal Activities in EP A l1as been <br />designated the officiaI"recipient in EPA of all <br />EISs prepared by federal agencies. <br /> <br />Tbe Public's Role <br /> <br />The public l1as an important role in the NEPA <br />process, particularly during scoping: in <br />providing input on wl1at issues should be <br />addressed in an EIS and in commenting on the <br />findings in an agency's NEPA documents. The <br />public can participate in the NEPA process by <br />attending NEP A-related hearings or public <br />meetings and by submitting comments directly <br />to the lead agency. The lead agency must take <br />into consideration all comments received from <br />the publ.ic and other parties on NEP A <br />documents during the comment period. <br /> <br />NEP A And Other Environmental Laws <br /> <br />The NEP A review takes into consideration the <br />effect that an action may have on various <br />aspects of the environment. Some of these areas, <br />such as impacts on endangered specles and <br />cultural resources, are also covered by other <br />environmental laws including the Endangered <br /> <br />5 <br />
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