Sec. 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 Sec. 1.1307). An EA is described
in detail in Sec. 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 Sec. 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 Sec. 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 Sec. 1.1309. If the
environmental problem is not eliminated, the Bureau will publish in the
Federal Register a Notice of Intent (see Sec. 1.1314) that EISs will be
prepared (see Secs. 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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