[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1010.14]

[Page 261]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
                        CHAPTER X--PRESIDIO TRUST
 
PART 1010--ENVIRONMENTAL QUALITY--Table of Contents
 
Sec. 1010.14  Review of proposals by project applicants.

    (a) An EA shall be required for each proposal for demolition, 
construction, reconstruction, development, preservation, rehabilitation, 
or restoration of real property submitted by a project applicant to the 
Trust for its review, and which the decision-maker agrees to consider, 
unless categorically excluded or covered by a previously prepared EA 
and/or EIS.
    (b) The decision-maker may not take any approval action on such a 
proposal submitted by a project applicant until such time as the 
appropriate environmental review documents have been prepared and 
submitted to the decision-maker.
    (c) At a minimum, and as part of any submission made by a project 
applicant to the decision-maker for its approval, such project applicant 
shall make available data and materials concerning the proposal 
sufficient to permit the Trust to carry out its environmental review 
responsibilities. When requested, the project applicant shall provide 
additional information that the NEPA Compliance Coordinator believes is 
necessary to permit it to satisfy its environmental review functions.
    (d) With respect to each project proposed for consideration for 
which the NEPA Compliance Coordinator determines that an EA shall be 
prepared, the decision-maker may require a project applicant to submit a 
draft EA regarding its proposal for the Trust's evaluation and revision. 
In accordance with 40 CFR 1506.5(b), the Trust shall make its own 
evaluation of the environmental issues and shall take responsibility for 
the scope and content of the final EA.
    (e) With respect to each project proposed for consideration for 
which the NEPA Compliance Coordinator determines an EIS shall be 
prepared, the decision-maker may require a project applicant to pay a 
non-refundable fee to the Trust sufficient to cover a portion or all of 
the Trust's anticipated costs associated with preparation and review of 
the EIS, including costs associated with review under other applicable 
laws. Such fee shall be paid to the Trust in full prior to commencement 
of the preparation of the EIS or any amendment or supplement thereto.
    (f) In accordance with 40 CFR 1506.5(c), the EIS shall be prepared 
by the Trust and/or by contractors who are selected by the Trust and who 
certify that they have no financial or other interest in the outcome of 
the project, and the Trust shall independently evaluate the EIS prior to 
its approval and take responsibility for ensuring its adequacy. The EIS 
shall be prepared in accordance with 40 CFR part 1502.
    (g) The NEPA Compliance Coordinator may set time limits for 
environmental review appropriate to each proposal, consistent with 40 
CFR 1501.8 and 1506.10.
    (h) The NEPA Compliance Coordinator shall at the earliest possible 
time ensure that the Trust commences its environmental review on a 
proposed project and shall provide the project applicant with any 
policies or information deemed appropriate in order to permit effective 
and timely review by the Trust of a proposal once it is submitted to the 
decision-maker for approval.