Goto Section: 1.1307 | 1.1309 | Table of Contents
Revised as of February 18, 2020
Goto Year:2019 |
§ 1.1308 Consideration of environmental assessments (EAs); findings of no
(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
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: 2019 |
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