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<br />20552 RULES AND REGULATIONS
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<br />."major" action, (2) which is a "Fed. 5~al1 segme>1ts) . Subsequent statements
<br />act.ion," (3) which has a "significant" cf- on major individual actions \\"ill be nec-
<br />fect"and (4) which invoh'cs the "qunlity eSSA.ry where such :lCtlOl1S have sigmfi-
<br />of the human environment." The \\'ords cant environmental impacts not ::lde-
<br />"major" anti "sIgnificantly" ar~ intended quately evaluated ill the progrr.m
<br />to imply thresholds of import.ance and s~atement.
<br />impact that must be met before a state- (2) Agencies eng~ging in major lech-
<br />ment is required. The action causing the nology research and development ;)1"0-
<br />impact must also be one where there grams should de\"elop procedures for
<br />Is sufficient Federal control and respon- periodic evaluation to determine when a
<br />sibility lo constitute "Fedeml action" in program statement is required for such
<br />conll'ast. to cases where such Federal programs. Factors to be considered in
<br />control and responsibility are nol present makll1g this determination include the
<br />as, for example, when Federal funds are magnitude of Federal in\.estment in the
<br />dist.ributed in the form of general reve- program. the likelihood of widespread
<br />nue sharing to be used by State and local application of the technolog~.., the degree
<br />governments (see S 1500.5(ij)). Finally, of environmental impact which would
<br />the action must be one that significantly occur if the techl1olog~' were widely ap-
<br />affects the quality of the human en....i- plied. an.d the exten.t to which contmucd
<br />ronment either by directly affecting in....estment in the ne\.... technology is
<br />human beings or by indirectly afft'c~in!r likely to restrict future alternatives.
<br />human beings through adverse effects Statements must be written late cnoug-h
<br />on the environment. Each agcncy should in the development pro('css to contain
<br />review the typical classes of ac~ions that meaningful information, but earl:.'
<br />it undertakes (l_nd, in consultation with enough so that this information can
<br />the Council, should develop specific cri- pracLically serve as an input m the deci-
<br />teria and r.lethods for identHying those sian-making process. Where it is nntici-
<br />actions likely to require em.-jronmental pated that a statement may ult.irnntcly
<br />statements and those actions likely not. be required but that its preparation is
<br />to require en...ironmell~RI statements. still prematUl'e, the agency should pre-
<br />Normally this will involve: pare an e\'aluation briefty setting forth
<br />(D Making an initial assessment of the reason~ for it.s determination. that a
<br />the environmental impacts t.ypicaIl,}' as- sta~emcnt IS not yet ne~es?ary. ThiS cva.l.
<br />soclated with principal types of agency. uatIon should be pel'lOdlcully updated,
<br />act.ion. particularly when significant new infor-
<br />(iP Identif...ing on the basis of this mat.iOI~ becolll~s amilable ~oncel'I1il1g the
<br />asses-ment t~pes of actions which 1101'- potential envIl'onmental Impact of thc
<br />~ ". . , . program. In any case, a ~tatement must
<br />msIly do, and t~pe~ of aC~lOns which n01. be prepared before research acthities
<br />rn!\~~~ do ~ot, rCQulre statem~!B,ts. , have reached a stage of il1\'estmcn~ or
<br />(Ul) WIth I'e?pec~ to remainIng actl?l1S commitment to implementation likely to
<br />that ma~ reqmre statE"nlents depen~lng determine SUbsequent development or
<br />on the Circumstances, and those actlOl1s restrict later alternatives. Statements on
<br />determined u~?er the. prec~ding para- technology research and development
<br />graph (~) (41 (Ill of thls,sectl~n.ns likely programs should iucludc an analysis not
<br />to reqUlre statements. ldentlfYIng: (a) only of alternative forms cf the same
<br />what basic. information needs to ,be technology that might reduce any ad.
<br />gathered; (b) how and '?,;hen such m- verse environmental impacts but also of
<br />formation is to be a..c;sembled and ana- altemati\'e technologies that would
<br />lyzed: and (e) on what b~ses en\'lron- serve the same fWlction as the technOlOgy
<br />rr.ental assessments and dec!slons to pre- under consideration. Efforts should be
<br />pare impact statements ~ill be made. made to invoh'e other Federal agencies
<br />Agencies may either include this sub- and interested groups with relc\"ant ex~
<br />stantive guidance in the procedures is- pertise in the preparatIOn of such state-
<br />sued pursuant to ~ 1500,3(0.) of these ments because the impacts and aiterna-
<br />guidelines. or. Issue ,such ~idance as. tives to be considered are likely to be
<br />supplemental mstructlOIlS to aid relevant. less lI:ell defined than in other types of
<br />agency personnel in implementing the statements,'
<br />impact statement pro~ess: Pursuant .to Ie) In accordance with the policy of
<br />~ 1500.14 of these gUldel~nes. agenCIes the Act and Executive Order 11514 agen-
<br />shall report to the CounCIl by June 30, cies have a responsibility to develop pro-
<br />1974, on the progress made in developing cedures to insure the fullest practicClble
<br />such substantive guidance. provision of timely public intonnation
<br />(d) (1) Agencies should give careful and understanding of Federal plans and
<br />attention to identifying and defining the programs with environmental impact in
<br />purpose and scope of the action which order to obtain the views of interested
<br />would most appropriately serve as the parties. In furtherance of this policy,
<br />subject of the statement. In many cases, agency procedures should include an ap-
<br />broad program statements will be re- propriate early notice system for inform-
<br />Quired In order to assess the environ- ing the pub.lic of the decision to prepare
<br />mental effects of a. number of individual a draft en\ironmental statement on pro-
<br />actions on a given geographical area (e.g.. posed administrative actions (and for
<br />coal leases). or environmental impacts soliciting comments that may be helpful
<br />that are gene:ic or comm.o~ to n series' in preparing the statement) ;s soon as is
<br />of agency actions (e.g.. mamtenance or, . .
<br />aste h dl' practices) or the over. practIcable after the deelsJOn to prepare
<br />w an mg . tl t t t . d tho
<br />all impact of a large-scale program or le s a emen !s ma e. In IS connec-
<br />chain of contemplated projects (e.g.. tion. agencies should: (1) main~ain a list
<br />major lengths ot highway as opposed to ot administrative actions for which en.
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<br />elmental st~temer:.ts are being pre-
<br />pJ.rea; t::!) r,:,':ise the list at regula:' inter.
<br />\"als specified 1I1 the agency's procedures
<br />d('\'eloped pursuant to ~ 1500.3(:1' of
<br />these guidelllles rbut not less than Quar-
<br />terl:n :1nd transmit e:1ch such revisIOn to
<br />the Council; and (3) make the list avail-
<br />able ior publi.: inspection on reqlles~, The
<br />Council will periodically publish such lists
<br />in the FEDERAL REGISTER. If an agency
<br />decides that an em'ironmental statement
<br />is not necessal1. for a proposed action
<br />(j) which the agency hrls identified pur-
<br />suant to ~ 1500.6(c) ('1;) (Ii) as normally
<br />requiring preparation of a statement. (Ii)
<br />which is similar to actions for whi('h the
<br />agency has prepared a significant num-
<br />bel' of statemenLs, (iii) which the agency
<br />has previously announced would be the
<br />subject of a statement. or (iV-1 for \\"hich
<br />the agency has made a negath.e deter-
<br />mmation in response to a request from
<br />the Council pursurtnt to ~ 1500,11(f). the
<br />agency shull prepare a publicly a.,'ai:a.ble
<br />record briefty setting forth the agency's
<br />decision and the reasons for that deter-
<br />mination, Lists of such negative deter-
<br />minations. -and any evaluations made
<br />pursuant to ~ 1500.6 which conclude that
<br />preparation of a statement is not yet
<br />timel~', shall be prepared and made aVj)il~
<br />able in the same manner :"IS provided in
<br />this subsection for lists of statements
<br />under preparation.
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<br />~ 1,,00.7 1.l'('Jl:H.in~ dr:lh (Ou,.irolllll('lIt:t1
<br />...1:1h-'11l('llb; (luhlir. hearin;:::::,.
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<br />((1.) Each em'ironmental irnpacL state-
<br />ment shall be prepared and circulated
<br />in dmft form fo!" commcnt in accordance
<br />with the pro....isions of these gUidelines.
<br />The draft statcment must fulfill and
<br />satisfy to the fullest ,=,xt.ent possible at
<br />the time tile draft is prepared the re-
<br />Quirements established for final state-.
<br />ments by section 102(2) (C). nVhere ~n
<br />agency has an estabIi5hed practice of
<br />declining to I.wor an alternative until
<br />public conunenls on a. proposed action
<br />have been received, the draft en\'iron-
<br />mental statement may ir:.dicate that two
<br />or more alternatives are under considera-
<br />tion.) Comments recel\'ed shall be care~
<br />fully evaluated and considered in the
<br />decision proces'5. A final statement with
<br />substanti\'e comments atta.ched shall
<br />then be issued and circulated in accord-
<br />ance with applicable provisions of
<br />H 1500.10. 1500.11. or 1500.12. It is im-
<br />portant that d:-a.ft environmental state-
<br />ments be prepared and circulated for
<br />comment and furnished to the Council
<br />as early as possible in the agency review
<br />process in order to permit agency rteci-
<br />sionmakers and outside reviewers to give
<br />meaningfUl consideration to the envi-
<br />rorunental issues invol\.ed. In particular,
<br />agencies should keep in mind that such
<br />statements are to sen'e as the means
<br />of assessing the environmental impact of
<br />proposed agency actions, rather than as
<br />a justification for decisions alreadv made.
<br />This means that. draft statements on
<br />administrative actions should be pre-
<br />pared nnd circulated for comment prior
<br />to the first significant point of decision
<br />in the ag-ency re\'iew pr'JCess, For major
<br />categories of agency action. this point
<br />should be identified in the procedures is-
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<br />FEDERAL REGISTER, VOL. 38, NO. 147-WEDNESDAY. AUGUST 1, 1973
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<br />0,540
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