§ 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]

   return arrow Back to Top