[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR36.6]

[Page 534]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 36--TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS, AND ACCESS INTO, CONSERVATION SYSTEM UNITS IN ALASKA--Table of Contents
 
Sec. 36.6  NEPA compliance and lead agency.

    (a) The provisions of NEPA and the Council for Environmental Quality 
regulations (40 CFR parts 1500-1508) will be applied to determine 
whether an Environmental Assessment (EA) or an Environmental Impact 
Statement (EIS) is required, or that a categorical exclusion applies.
    (1) The lead agency, with cooperation of all appropriate Federal 
agencies, shall complete an EA or a draft environmental impact statement 
(DEIS) within nine months of the date the SF 299 was filed.
    (2) If the lead agency determines, for good cause, that the nine-
month period is insufficient, it may extend such period for a reasonable 
specific time. Notification of the extension, together with the reasons 
therefore, shall be provided to the applicant and published in the 
Federal Register at least 30 days prior to the end of the nine-month 
period.
    (3) If the lead agency determines that an EIS is not required, a 
Finding of No Significant Impact (FONSI) will be prepared.
    (4) If an EIS is determined to be necessary, the lead agency shall 
hold a public hearing on the joint DEIS in Washington, DC, and at least 
one location in Alaska.
    (5) The appropriate Federal agencies shall solicit and consider the 
views of other Federal departments and agencies, the Alaska Land Use 
Council, the State, affected units of local government in the State and 
affected corporations formed pursuant to the Alaska Native Claims 
Settlement Act. After public notice, the agencies shall receive and 
consider statements and recommendations regarding the application 
submitted by interested individuals and organizations.
    (6) The lead agency shall ensure compliance with section 810 of 
ANILCA.
    (b) When an EIS is determined to be necessary, within three months 
of completing the DEIS or within one year of the filing of the 
application, whichever is later, the lead agency shall complete the EIS 
and publish a notice of its availability in the Federal Register.
    (c) Cost reimbursement. (1) The costs to the United States of 
application processing, other than costs for EIS preparation and review 
as provided in paragraph (c)(2) of this section, shall be reimbursed by 
the applicant, if such reimbursement is required pursuant to the 
applicable law and procedures of the appropriate Federal agency 
incurring the costs.
    (2) The reasonable administrative and other costs of EIS preparation 
shall be reimbursed by the applicant, according to the BLM's cost 
recovery procedures and regulations implementing section 304 of FLPMA, 
43 U.S.C. 1734.