[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR640.5]



[Page 193-194]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 640_COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT--Table 

of Contents

 

Sec. 640.5  Responsibilities and procedures for preparation of an 

environmental impact statement.



    (a) If initially or after an environmental assessment has been 

completed, it is determined that an environmental impact statement 

should be prepared, it and other related documentation will be prepared 

by the directorate responsible for the action in accordance with section 

102(2)(c) of the Act, this part, and the CEQ regulations. The 

responsible directorate will be in close communication with the grant or 

contract applicant and may have to rely extensively on his or her input 

in preparing the EIS. However, once a document is prepared it shall be 

submitted to the Chairman who, after such review by the Committee as is 

deemed necessary by the Chairman, shall transmit the document as 

required by CEQ regulations and this part. If the Chairman considers a 

document unsatisfactory, he or she shall return it to the responsible 

directorate for revision prior to an award decision.

    Specifically, the following steps, as discussed in the CEQ 

regulations, will be followed in preparing an EIS:

    (1) A notice of intent to prepare a draft EIS will be published as 

described in 40 CFR 1501.7.

    (2) Scoping, as described in 40 CFR 1501.7, will be conducted.

    (3) The format and contents of the draft and final EIS shall be as 

discussed in 40 CFR part 1502.

    (4) Comments on the draft EIS shall be invited as set forth in 40 

CFR 1503.1. The minimum period to be afforded for comments on a draft 

EIS shall be 45 days, unless a lesser period is necessary to comply with 

other specific statutory requirements or in case of emergency 

circumstances, as described in 40 CFR 1506.11.

    (5) The requirements of 40 CFR 1506.9 for filing of documents with 

the Environmental Protection Agency shall be followed.

    (6) The responsible directorate shall examine carefully the basis on 

which supportive studies have been conducted



[[Page 194]]



to assure that such studies are objective and comprehensive in scope and 

in depth.

    (7) The Act requires that the decisionmaking involved ``utilize a 

systematic, interdisciplinary approach that will insure the integrated 

use of the natural and social sciences and the environmental design 

arts.'' If such disciplines are not present on the NSF staff, 

appropriate use should be made of personnel of Federal, State, and local 

agencies, universities, non-profit organizations, or private industry.

    (8) A copy of the draft EIS or the final EIS (or a summary, if the 

size of the EIS does not make this practical) shall be included in and 

accompany the appropriate proposal throughout the NSF internal review 

and approval process.

    (b)(1) 40 CFR 1506.1 describes the types of actions that should not 

be taken during the NEPA process. Such actions shall be avoided by NSF 

personnel during the process of preparation of an EIS and for a period 

of thirty days after the final EIS is filed with EPA, unless such 

actions are necessary to comply with other specific statutory 

requirements.

    (2) 40 CFR 1506.10 also places certain limitations on the timing of 

agency decisions on taking ``major Federal actions''. In some cases the 

actual ``decision point'' may be more clear-cut than others. If the 

``action'' that necessitated the preparation of an EIS is one that would 

be carried out under grant, contract, or cooperative agreement, then the 

award shall not be made before the times set forth in 40 CFR 1506.10, 

unless such action is necessary to comply with other specific statutory 

requirements, or as exceptions are needed as provided in 40 CFR 1506.10, 

1506.11, or 1507.3. However, an award for preliminary planning proposals 

may be made before such times if it is so structured as to require 

further NSF approvals for funding the actual actions that might 

adversely affect the quality of the human environment. In such cases, 

the subsequent approvals for funding these actions will be considered 

the ``decision''. This is consistent with the requirement that 

environmental considerations undergo concurrent review with all other 

project planning considerations.

    (c) In appropriate cases, if the action involves other agencies, the 

Chairman may agree to designate another agency as ``lead agency'' and to 

cooperate as discussed in 40 CFR 1501.5 and 1501.6. In such cases, the 

Chairman has authority to alter the procedures described in (a) to the 

extent they are inconsistent with functions assigned to NSF under the 

``cooperating agency'' arrangements.

    (d) A public record of decision stating what the decision was; 

identifying alternatives that were considered, including the 

environmentally preferable one(s); discussing any national policy 

considerations that entered into the decision; and summarizing a 

monitoring and enforcement program if applicable for mitigation, will be 

prepared. This record of decision will be prepared at the time the 

decision is made, or if appropriate, when the agency makes its 

recommendation for action to Congress. (See 40 CFR 1505.2.)