Code of Federal Regulations (alpha)

CFR /  Title 36  /  Part 805  /  Sec. 805.4 Ensuring environmental documents are actually considered in

(a) Section 1505.1 of the NEPA regulations (40 CFR 1505.1) contains requirements to ensure adequate consideration of environmental documents in agency decisionmaking. To implement these requirements the Council shall:

(1) Consider all relevant environmental documents in evaluating proposals for action;

(2) Ensure that all relevant environmental documents, comments, and responses accompany the proposal through internal Council review processes;

(3) Consider only those alternatives encompassed by the range of alternatives discussed in the relevant environmental documents when evaluating proposals for the Council action; and,

(4) Where an environmental impact statement (EIS) has been prepared consider the specific alternative analyzed in the EIS when evaluating the proposal which is the subject of the EIS.

(b) For each of the Council's principal activities covered by NEPA, the following chart identifies the point at which the NEPA process begins, the point at which it ends, and the key officials required to consider environmental documents in their decisionmaking. ----------------------------------------------------------------------------------------------------------------

Key officials required

Activity Start of NEPA process Completion of NEPA to consider

process environmental documents----------------------------------------------------------------------------------------------------------------Recommendations for legislation...... During staff Prior to submission to Executive Director and

formulation of Congress or OMB. full Council, as

proposal. appropriate.Regulations and procedures........... Prior to publication of Prior to publication of Executive Director and

draft regulations in final regulations in full Council as

Federal Register. Federal Register. appropriate.Policy recommendations............... During staff Prior to adoption by Executive Director and

formulation of full Council or full Council, as

proposal. Executive Director. appropriate.----------------------------------------------------------------------------------------------------------------