07-98
CHAPTER 11
A. Section 1505.2(b) requires that, in cases where an EIS has been prepared,
the Record of Decision (ROD) must identify all alternatives that were
considered, specifying the alternative or alternatives which were considered
to be environmentally preferable." The environmentally preferable alternative
is the alternative that will promote the national environmental policy as
expressed in NEPA's Section 101. Ordinarily, this means the alternative that
causes the least damage to the biological and physical environment; it also
means the alternative which best protects, preserves, and enhances historic,
cultural, and natural resources.
The Council recognizes that the identification of the environmentally
preferable alternative may involve difficult judgments, particularly when one
environmental value must be balanced against another. The public and other
agencies reviewing a Draft EIS can assist the lead agency to develop and
determine environmentally preferable alternatives by providing their views in
comments on the Draft EIS. Through the identification of the environmentally
preferable alternative, the decision maker is clearly faced with a choice
between that alternative and others, and must consider whether the decision
accords with the Congressionally declared policies of the Act.
6b. Q. Who recommends or determines what is environmentally preferable?
A. The agency EIS staff is encouraged to make recommendations of the
environmentally preferable alternative(s) during EIS preparation. In any event
the lead agency official responsible for the EIS is encouraged to identify the
environmentally preferable alternative(s) in the EIS. In all cases, commentors
from other agencies and the public are also encouraged to address this
question. The agency must identify the environmentally preferable alternative
in the ROD.
7. Q. What is the difference between the sections in the EIS on "alternatives"
and "environmental consequences"? How do you avoid duplicating the discussion
of alternatives in preparing these two sections?
A. The "alternatives" section is the heart of the EIS. This section rigorously
explores and objectively evaluates all reasonable alternatives including the
proposed action. Section 1502.14. It should include relevant comparisons on
environmental and other grounds. The "environmental consequences" section of
the EIS discusses the specific environmental impacts or effects of each of the
alternatives including the proposed action. Section 1502.16. In order to avoid
duplication between these two sections, most of the "alternatives" section
should be devoted to describing and comparing the alternatives. Discussion of
the environmental impacts of these alternatives should be limited to a concise
descriptive summary of such impacts in a comparative form, including charts or
tables, thus sharply defining the issues and providing a clear basis for
choice among options. Section 1502.14. The "environmental consequences"
section should be devoted largely to a scientific analysis of the direct and
indirect environmental effects of the proposed action and of each of the
alternatives. It forms the analytic basis for the concise comparison in the
alternatives section.
8. Q. Section 1501.2(d) of the NEPA regulations requires agencies to provide
for the early application of NEPA to cases where actions are planned by
private applicants or non-Federal entities and are, at some stage, subject to
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