07-98
CHAPTER 11
The regulations emphasize agency cooperation early in the NEPA process.
Section 1501.6. Section 1501.7 on "scoping" also provides that all affected
Federal agencies are to be invited to participate in scoping the environmental
issues and to identify the various environmental review and consultation
requirements that may apply to the proposed action. Further, Section
1502.25(b) requires that the draft EIS list all the federal permits, licenses
and other entitlements that are needed to implement the proposal.
These provisions create an affirmative obligation on federal agencies to
inquire early, and to the maximum degree possible, to ascertain whether an
applicant is or will be seeking other federal assistance or approval, or
whether the applicant is waiting until a proposal has been substantially
developed before requesting federal aid or approval.
Thus, a federal agency receiving a request for approval or assistance should
determine whether the applicant has filed separate requests for federal
approval or assistance with other federal agencies. Other federal agencies
that are likely to become involved should then be contacted, and the NEPA
process coordinated, to insure an early and comprehensive analysis of the
direct and indirect effects of the proposal and any related actions. The
agency should inform the applicant that action on its application may be
delayed unless it submits all other federal applications (where feasible to do
so), so that all the relevant agencies can work together on the scoping
process and preparation of the EIS.
l0a. Q. What actions by agencies and/or applicants are allowed during EIS
preparation and during the 30-day review period after publication of a final
EIS?
A. No federal decision on the proposed action shall be made or recorded until
at least 30 days after the publication by EPA of notice that the particular
EIS has been filed with EPA. Sections 1505.2 and 1506.10. Section 1505.2
requires this decision to be stated in a public Record of Decision. Until the
agency issues its Record of Decision, no action by an agency or an applicant
concerning the proposal shall be taken which would have an adverse
environmental impact or limit the choice of reasonable alternatives. Section
1506.1(a). But this does not preclude preliminary planning or design work that
is needed to support an application for permits or assistance. 1506.l(d). When
the impact statement in question is a program EIS, no major action concerning
the program may be taken which may significantly affect the quality of the
human environment, unless the particular action is justified independently of
the program, is accompanied by its own adequate environmental impact
statement, and will not prejudice the ultimate decision on the program.
Section 1506.1(c).
l0b. Q. Do these limitations on action (described in Question l0a) apply to
state or local agencies that have statutory delegated responsibility for
preparation of environmental documents required by NEPA, for example, under
the HUD Block Grant program?
A. Yes, these limitations do apply, without any variation from their
application to federal agencies.
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