ATTACHMENT 3 Council on Environmental Quality Executive Office of the President REGULATIONS For Implementing The Procedural Provisions Of The NATIONAL ENVIRONMENTAL POLICY ACT GRAPHIC Reprint 40 CFR Parts 1500-1508 (as of July 1, 1986) regulations. No completed environmental documents need be redone by reasons of these regulations. Until these regulations are applicable, the Council's guidelines published in the FEDERAL REGISTER of August 1, 1973, shall continue to be applicable. In cases where these regulations are applicable the guidelines are superseded. However, nothing shall prevent an agency from proceeding under these regulations at an earlier time. (b) NEPA shall continue to be applicable to actions begun before January 1, 1970, to the fullest extent possible. PART 1507 -- AGENCY COMPLIANCE Sec. 1507.1 Compliance 1507.2 Agency capability to comply 1507.3 Agency procedures AUTHORITY: NEPA, the Environmental Quality Improvement Act of 1970, as amended (42 U.S.C. 4271 et seq.) sec. 309 of the Clean Air Act, as amended (42 U.S.C. ILLEGIBLE), and E.O. 11514 (Mar. 5, 1970, as amended by E.01 11991, May 24, 1977). SOURCE: 43 FR 56002, Nov. 29, 1978, unless otherwise noted. SECTION 1507.1. Compliance All agencies of the Federal Government shall comply with these regulations. It is the intent of these regulations to allow each agency flexibility in adapting its implementing procedures authorized by section 1507.3 to the requirements of other applicable laws. SECTION 1507.2. Agency capability to comply Each agency shall be capable (in terms of personnel and other resources) of complying with the requirements enumerated below. Such compliance may include use of other's resources, but the using agency shall itself have sufficient capability to evaluate what others do for it. Agencies shall: (a) Fulfil the requirements of section 102(2)(A) of the Act to utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on the human environment. Agencies shall designate a person to be responsible for overall review of agency NEPA compliance. (b) Identify methods and procedure required by section 102(2)(B) to insure that presently unquantified environmental amenities and value may be given appropriate consideration. (c) Prepare adequate environmental impact statements pursuant to section 102(2)(C) and comment on statements in the areas where the agency has jurisdiction by law or special expertise or is authorized to develop and enforce environmental standards. (d) Study, develop, and describe alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources. This requirement of section 102(2)(E) extends to all such proposals, not just the more limited scope of section 102(2)(C)(iii) where the discussion of alternatives is confined to impact statements. (e) Comply with the requirements of section 102(2)(H) that the agency initiate and utilize ecological information in the planning and development of resource-oriented projects. (f) Fulfil the requirements of sections 102(2)(F)., 102(2)(G), and 102(2)(I), of the Act and of Executive Order 11514, Protection and enhancement of environmental quality, Sec. 2. Section 1507.3 Agency procedures (a) Not later than eight months after publication of these regulations as finally adopted in the FEDERAL REGISTER, or five months after the establishment of an agency, whichever shall come later, each agency shall as necessary adopt procedure to supplement these regulations. When the agency is a department, major subunits are encouraged (with the consent f the department) to adopt their own procedures. Such procedures shall no paraphrase these regulations. They shall confine themselves to implementing procedures. Each agency shall consult with the council while developing its procedure and before publishing them in the FEDERAL REGISTER for comment. Agencies with similar programs should consult with each other 26 and the Council to coordinate their procedures, especially for programs requesting similar information from applicants. The procedure shall be adopted only after an opportunity for public review by the Council for conformity with the Act and these regulations. The Council shall complete its review within 30 days. Once in effect they shall be filed with the Council and made readily available to the public. Agencies are encouraged to public explanatory guidance for these regulations and their own procedure. Agencies shall continue to review their policies and procedures and in consultation with the Council to revise them as necessary to ensure full compliance with the purposes and provisions of the Act. (b) Agency procedures shall comply with these regulations except where compliance would be inconsistent with statutory requirements and shall include: (1) Those procedures required by sections 1501.2(d), 1502.9(c)(3), 1505.1, 1506.6(e), and 1508.4. (2) Specific criteria for and identification of these typical classes of action: (1) Which normally do require environmental impact statements. (ii) Which normally do not require either an environmental impact statement or an environmental assessment (categorical exclusions (section 1508.4)). (iii) Which normally require environmental assessments but not necessarily environmental impact statements. (c) Agency procedure may include specific criteria for providing limited exceptions to the provisions of these regulations for classified proposals. They are proposed actions which are specifically authorized under criteria established by an Executive Order or statute to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such Executive Order or statute. Environmental assessments and environmental impact statement which address classified proposals may be safeguarded and restricted from public dissemination in accordance with agencies' own regulations applicable to classified information. These documents may be organized so that classified portions can be included as annexes, in order that the unclassified portions can be made available to he public. (d) Agency procedures may provide for periods of time other than those presented in Section 1506.10 when necessary to comply with other specific statutory requirements. (e) Agency procedure may provide that where there is a lengthy period between the agency's decision to prepare an environmental impact statement and the time of actual preparation, the notice of intent required by Section 1501.7 may be published at a reasonable time in advance of preparation of the draft statement. PART 1508 -- TERMINOLOGY AND INDEX Sec. 1508.1 Terminology 1508.2 Act 1508.3 Affecting 1508.4 Categorical exclusion 1508.5 Cooperating agency 1508.6 Council 1508.7 Cumulative impact 1508.8 Effects 1508.9 Environmental assessment 1508.10 Environmental document 1508.11 Environmental impact statement 1508.12 Federal agency 1508.13 Finding of no significant impact 1508.14 Human environment 1508.15 Jurisdiction by law 1508.16 Lead agency 1508.17 Legislation 1508.18 Major Federal action 1508.19 Matter 1508.20 Mitigation 1508.21 NEPA process 1508.22 Notice of intent 1508.23 Proposal 1508.24 Referring agency 1508.25 Scope 1508.26 Special expertise 1508.27 Significantly 1508.28 Tiering AUTHORITY: NEPA, the Environmental Quality Improvement Act of 1970, as amended (42 U.S.C. 4371 et seq.) sec. 309 of the Clean Air Act, as amended (42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by E.O. 11991, May 24, 1977). SOURCE: 43 F.R. 56003, Nov. 29, 1978, unless otherwise noted 27