Goto Section: 1.1307 | 1.1309 | Table of Contents
FCC 1.1308
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.1308 Consideration of environmental assessments (EAs); findings of no
significant impact.
(a) Applicants shall prepare EAs for actions that may have a significant
environmental impact (see § 1.1307). An EA is described in detail in § 1.1311
of this part of the Commission rules.
(b) The EA is a document which shall explain the environmental consequences
of the proposal and set forth sufficient analysis for the Bureau or the
Commission to reach a determination that the proposal will or will not have
a significant environmental effect. To assist in making that determination,
the Bureau or the Commission may request further information from the
applicant, interested persons, and agencies and authorities which have
jurisdiction by law or which have relevant expertise.
Note: With respect to actions specified under § 1.1307 (a)(3) and (a)(4), the
Commission shall solicit and consider the comments of the Department of
Interior, and the State Historic Preservation Officer and the Advisory
Council on Historic Preservation, respectively, in accordance with their
established procedures. See Interagency Cooperation—Endangered Species Act
of 1973, as amended, 50 CFR part 402; Protection of Historic and Cultural
Properties, 36 CFR part 800. In addition, when an action interferes with or
adversely affects an American Indian tribe's religious site, the Commission
shall solicit the views of that American Indian tribe. See § 1.1307(a)(5).
(c) If the Bureau or the Commission determines, based on an independent
review of the EA and any applicable mandatory consultation requirements
imposed upon Federal agencies (see note above), that the proposal will have
a significant environmental impact upon the quality of the human
environment, it will so inform the applicant. The applicant will then have
an opportunity to amend its application so as to reduce, minimize, or
eliminate environmental problems. See § 1.1309. If the environmental problem
is not eliminated, the Bureau will publish in the Federal Register a Notice
of Intent (see § 1.1314) that EISs will be prepared (see § § 1.1315 and
1.1317), or
(d) If the Bureau or Commission determines, based on an independent review
of the EA, and any mandatory consultation requirements imposed upon Federal
agencies (see the note to paragraph (b) of this section), that the proposal
would not have a significant impact, it will make a finding of no
significant impact. Thereafter, the application will be processed without
further documentation of environmental effect. Pursuant to CEQ regulations,
see 40 CFR 1501.4 and 1501.6, the applicant must provide the community
notice of the Commission's finding of no significant impact.
[ 51 FR 15000 , Apr. 22, 1986; 51 FR 18889 , May 23, 1986, as amended at 53 FR 28394 , July 28, 1988]
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Goto Section: 1.1307 | 1.1309
Goto Year: 2014 |
2016
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