Title 36
SECTION 805.4
805.4 Ensuring environmental documents are actually considered in Council decisionmaking.
§ 805.4 Ensuring environmental documents are actually considered in Council decisionmaking.(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.
| Activity | Start of NEPA process | Completion of NEPA process | Key officials required to consider environmental documents |
|---|---|---|---|
| Recommendations for legislation | During staff formulation of proposal | Prior to submission to Congress or OMB | Executive Director and full Council, as appropriate. |
| Regulations and procedures | Prior to publication of draft regulations in Federal Register | Prior to publication of final regulations in Federal Register | Executive Director and full Council as appropriate. |
| Policy recommendations | During staff formulation of proposal | Prior to adoption by full Council or Executive Director | Executive Director and full Council, as appropriate. |