[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

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

[CITE: 40CFR1500.1]



[Page 865-867]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY

 

PART 1500_PURPOSE, POLICY, AND MANDATE--Table of Contents

 

Sec.  1500.1  Purpose.









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Part                                                                Page

1500            Purpose, policy, and mandate................         867

1501            NEPA and agency planning....................         869

1502            Environmental impact statement..............         873

1503            Commenting..................................         880

1504            Predecision referrals to the Council of 

                    proposed Federal actions determined to 

                    be environmentally unsatisfactory.......         881

1505            NEPA and agency decisionmaking..............         883

1506            Other requirements of NEPA..................         884

1507            Agency compliance...........................         889

1508            Terminology and index.......................         891

                Index to Parts 1500-1508....................         896

1515            Freedom of Information Act procedures.......         897

1516            Privacy Act implementation..................         901

1517            Public meeting procedures of the Council on 

                    Environmental Quality...................         904

1518            Office of Environmental Quality Management 

                    Fund....................................         907



[[Page 867]]











Sec.

1500.1 Purpose.

1500.2 Policy.

1500.3 Mandate.

1500.4 Reducing paperwork.

1500.5 Reducing delay.

1500.6 Agency authority.



    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 

as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 

amended (42 U.S.C. 7609) and E.O. 11514, Mar. 5, 1970, as amended by 

E.O. 11991, May 24, 1977).



    Source: 43 FR 55990, Nov. 28, 1978, unless otherwise noted.





    (a) The National Environmental Policy Act (NEPA) is our basic 

national charter for protection of the environment. It establishes 

policy, sets goals (section 101), and provides means (section 102) for 

carrying out the policy. Section 102(2) contains ``action-forcing'' 

provisions to make sure that federal agencies act according to the 

letter and spirit of the Act. The regulations that follow implement 

section 102(2). Their purpose is to tell federal agencies what they must 

do to comply with the procedures and achieve the goals of the Act. The 

President, the federal agencies, and the courts share responsibility for 

enforcing the Act so as to achieve the substantive requirements of 

section 101.

    (b) NEPA procedures must insure that environmental information is 

available to public officials and citizens before decisions are made and 

before actions are taken. The information must be of high quality. 

Accurate scientific analysis, expert agency comments, and public 

scrutiny are essential to implementing NEPA. Most important, NEPA 

documents must concentrate on the issues that are truly significant to 

the action in question, rather than amassing needless detail.

    (c) Ultimately, of course, it is not better documents but better 

decisions that count. NEPA's purpose is not to generate paperwork--even 

excellent paperwork--but to foster excellent action. The NEPA process is 

intended to help public officials make decisions that are based on 

understanding of environmental consequences, and take actions that 

protect, restore, and enhance the environment. These regulations provide 

the direction to achieve this purpose.