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<br />20551 <br />~onstnled by a~enCiCS wi th a vie\\' to <br />the overall. cWllulat.h'e illlpaCL of the <br />act.ion proposed. related Federal actions <br />.md projEct.:::: in the area. and furt.her ac- <br />tions cont.emplated. Such actions may be <br />localized 111 their IDlpact. but If there is <br />pol~nlial that tile envIronment may he <br />si!:,'llific3ntly afIccted. the statement is <br />to be prep31"cd. Proposed major actions, <br />the enviornmcntnl impact of \1,"hich is <br />like};}' to be h:ghly controversIal, should <br />be covered in all cases. In considering <br />what constitutes major action signifi- <br />canL!y affecting the elH'ironment, agen- <br />cies should uear in. mind that the effect <br />of many Federal decisions about a proj- <br />ec;t or complex of projects can be in- <br />di\'idllall~' limited but cumulatively con- <br />sicler<:!.ble. This can occur when one or <br />more a~encies over a period of years putS <br />int.o a project individually minor but col- <br />lectively major resources. when one dc- <br />cision inyolv1J1g a limited amolillt of <br />money is a precedent for action in much <br />larg-er r3S~S or represents a declsioll in <br />principle about a fL:ture major cour.c:.e (If <br />action, or when several Government. <br />agenCIes individually make declsion.:5 <br />about p:1.rtial aspects of a m:?!jor actior.. <br />In all such C:1ses. an environmental <br />statement. should be prepared if it is rea- <br />sonable to :l11tieipate n. cumulati\'ely <br />significant impact on the envIronment <br />from Federal action. The Council. on the <br />basis of a .......ritten assessment o[ the im- <br />pacts im'olved. is avallllble to assist <br />agencies in dctcnnining whethel' specific <br />actions require imp::lct statements. <br />(b) Beet ion lOIlb' of the Act indi- <br />cates the broad range of aspc-cts of the <br />envir0nment to be surveyed in any :Jsscss. <br />ment of significant effect. The Act. also <br />indicates that I1d\"er~e sigrufic~nt. eITeets <br />include those tha~ degrade the q-.13lity <br />of the enviro~mellt. curtail the ran~e <br />of beneficial uses of the environment. <br />and serve short.-term, to the d:sadva:l- <br />tage of long-term, em"ironmental gcals. <br />Significant elTects can also include ac- <br />tions which may have both beneftc1al <br />and detrimenml eaects. even if on bal- <br />ance the ~gency believes that the effect. <br />will be benencial. Significant ~ffects also <br />Include secondary effects. as described <br />more fully, for example. in S 1500.8'a:' <br />(iiD (B). The signifieanct' of a proposed <br />action may also vary with the setting. <br />with the result that an action that would <br />have Iit.tle impact in an urban area may <br />be significant in a rural setting or vice <br />versa. While a precise definition of en. <br />vlronmental "significance." valid in all <br />contexts. is not possible. effects to be <br />considered in a.<:;sessing significance in. <br />elude, but are not limited to. those out- <br />lined in Appendix II of these guidelines. <br />(c) Each of the provisions of the Act. <br />except section 102(2) ~C). applies t.o all <br />Federal agency actions. Section 102(2) <br />(C) requires the preparation of a detailed <br />environmental impact statement in the <br />case of "major Federal actions sIgnifi- <br />~ntly affecting the quality of the human <br />environment." The identification of <br />major actions significantly affectiug' the <br />environrr..ent is the responsibIlity of each <br />Federal agency. to be carried out again.or;t <br />the background of its own particllII!\t' op. <br />erati~ns. ~e action .~Ut\~~a)..{1). <br /> <br />FEDERAL REGISTER, VOL. 38. NO. 147-WEDNESDAY, AUGUST 1, 1973 <br /> <br />. <br /> <br />. Ii ]~00.3 Agency anti O:nB prOi:l'tJurt'tl. <br /> <br />(3,) Pursuant to section 2 (0 of Execu. <br />live Order 11514, the he:Jcls of Federal <br />agencies have been directed to proceed <br />with measures J'f(Juired by section 102 <br />(2) (C) of the Act. Previous guidelines <br />of the COllncil directed each agency to <br />est:Jblish its own formal procedures for <br />(1 i identifYing those ngency l.1.ctlOns re- <br />quiring el1':ironmen.tal statements. the <br />appropriate time prior to deci~ion for <br />the consultations required by sectIOn 102 <br />(2) (C) and the agency rc\'iew process <br />for which envIronmental statements are <br />to be available, C!) obtaining informa- <br />tion required in their preparation. IJl <br />designat.ing the officials who are to be <br />responsible for the statements, \4) con- <br />sulting with and taking- account of the <br />comments of appropriate Federal. State <br />and local agencies and the public. in. <br />eluding obtainl1lg the comment of the <br />AdminIstrator of the Environmental <br />Protection Agency when required uncleI' <br />section 309 oC the Clean Air ACt. as <br />amended. and (5) meeting tIle require- <br />ments of section 2(b) of Executive Order <br />i1514 for prOViding timely publiC infor- <br />mation on Federal plans and programs <br />with environmental impact. Each agency. <br />including both departmental and sub- <br />departmental components having such <br />procedures. shall review its procedures <br />r..nd shall revise tlltm. in consultation <br />\vith the Council. as may be neces'Sary <br />in order to respond to requirement!i im- <br />'po~ed by these revised guidelines as \"..ell <br />as by such previous directives. After such <br />consultation, proposed revisions of such <br />agency procedUl es shall be published in <br />the FEDEilAL REGISTER no later than Octo- <br />ber 30, 1973. A minimum 45-da}' period <br />for public commcnt shall be pro\lded. <br />followed by publication of final pl'oce- <br />dur~s no later than forty-five (45) days <br />after the conclusion of the comment <br />period. E.'lch agency shall submit seven <br />(7) copies of all stich procec.ures to the <br />Council. Any future revision of such <br />agency procedures shall similarly be pro. <br />posed and adopted only after prior con- <br />sultation with the Cowlcil and. in the <br />case of substantial revision. opportunity <br />for public comment. All revisions shall <br />be published in the FEDERAL REGISTER, <br />(b) Each Federal agency should con- <br />sult, with the as~istance of the CO'lncil <br />and the Office of Management and <br />Budget if desired. with other appropriate <br />Federal agencies in the de,,'elopment and <br />revision of the above procedures so as to <br />achieve consistency in dealinl; with simi. <br />lar activities and to assure effective coor- <br />dination among agencies In their review <br />of proposed activities. Where applicable. <br />State and local re\'iew of such agency <br />procedures should be conducted pursuant <br />to procedures established by Office of <br />Management and Budget Circular No. <br />A-85. <br />(e) Existing mechanisms for obtain. <br />ing the views of Federal. State. and local <br />agencies on proposed Federal actions <br />should be utilized to the maximum ex. <br />tent practicable in dealing with environ- <br />mental matters. The Ornce of Manage- <br />ment and Budget will issue instructions, <br /> <br />RULES AND REGULATIONS <br /> <br />as necessa~. to take full advantage of <br />such existing mecha1l1sms. <br /> <br />13 1500.4 Fellera) n:;C:Ill'icc. iu(.lut)...,!: er. <br />Ire! or ~he Act on cAhling Olgcncy <br />nJlmtJOlI("~. <br /> <br />(a) Section 102(2) (C) of the Act ap- <br />plies to all agencies of tlle Federal Gov- <br />cn1ment. Section 102 of the Act pro- <br />vides that "to the fullest extent. possible; <br />(1) The policies. regulations. .and public <br />laws of the United States shall be ll1tcr- <br />preted and administered in accordance <br />with the pOlicies set forth in this Act," <br />and section 105 of the Act provides that <br />..the policies and goals set forth in this <br />Act are supplementary to those set forth <br />In existing authorizations of Federal <br />agencies." This meallS that each ag';lley <br />shall interpret the prO\'isions of the Act <br />as a supplement to its existing author- <br />itv and as a mandate to vie",' traditional <br />POlicic.'i and mlSSlOllS m the light of the <br />Act.s national envil'onmental objectives. <br />In accorrlnnce with this purpose. ag('~- <br />cies should continue to review their poli- <br />cies', procedures. and regulations and to <br />re\'ise them as necessary to ensure full <br />compliance with the purposes and pro- <br />visiolls of the Act. The phrase "to the <br />fullest extent possible" in section 102 is <br />me:Jnt to make clear that each agrncy <br />of the Federal Government sholl comply <br />with that section unless existing law <br />:Jpplicable to the agency's operations ex- <br />pI'essly prohibits or. makes compliance <br />ullpossible. <br /> <br />~ 1 ;;00.5 T)'pes or ncliolls cOH'red h~' ,he <br />Act. <br /> <br />(a) "Actions" include but are not lim- <br />ited to: <br />(I) Recommendations or favorable re- <br />ports relating to legisl:Jtion induding <br />requests for appropriations. The l'e- <br />Qwrement for following the section 102 <br />(2) (el procedure as elaborated in the~e <br />guidelines applies to both OJ agency rec- <br />ommendntions on their OWr.. proposals <br />for legislation (see ~ 1500.12); ar.d Iii) <br />ageIlcy reports on lerJislation initiated <br />elsewhere. In the latter case only the <br />agency which has primary responSIbIlity <br />for the subject matter involved will pre- <br />pare an environmental statem~nt. <br />(2) New and continuing projects and <br />prcgrnm activities: directly undertaken <br />by Federal agencies; or supported in <br />whole or in part through Federal con- <br />tract.s, grants. subsidies. loans. or other <br />forms of funding as:Sistanc~ (except <br />",:here such assistance is solely in the <br />form of general revenue sharing fWlds. <br />distributed under the State and Local <br />Fiscal Assistance Act of 1972. 31 U.S.C. <br />1221 et. seQ. with no Federal agency con- <br />trol over the subsequent use of such <br />funds); or involving a Federal lease. per- <br />mit. license certificate or other entitle- <br />ment fol' Use. <br />(3) The making. modification. or es- <br />tablishment of regulations, rules, pro- <br />cedures, and policy. <br /> <br />fi 1500.6 . ltIentir~inJ;" miljor Ilclion,:; sil;'. <br />nificantlr D(fcclin~ ,lie en,'ironmcnt. <br />(a) The IStatutory clause "major Fed- <br />eral actions signifl.cantly affecting the <br />quality of the human environment" is to <br /> <br />/ <br />----- <br />