[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: 40CFR1501.5]



[Page 871]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY

 

PART 1501_NEPA AND AGENCY PLANNING--Table of Contents

 

Sec.  1501.5  Lead agencies.



    (a) A lead agency shall supervise the preparation of an 

environmental impact statement if more than one Federal agency either:

    (1) Proposes or is involved in the same action; or

    (2) Is involved in a group of actions directly related to each other 

because of their functional interdependence or geographical proximity.

    (b) Federal, State, or local agencies, including at least one 

Federal agency, may act as joint lead agencies to prepare an 

environmental impact statement (Sec.  1506.2).

    (c) If an action falls within the provisions of paragraph (a) of 

this section the potential lead agencies shall determine by letter or 

memorandum which agency shall be the lead agency and which shall be 

cooperating agencies. The agencies shall resolve the lead agency 

question so as not to cause delay. If there is disagreement among the 

agencies, the following factors (which are listed in order of descending 

importance) shall determine lead agency designation:

    (1) Magnitude of agency's involvement.

    (2) Project approval/disapproval authority.

    (3) Expertise concerning the action's environmental effects.

    (4) Duration of agency's involvement.

    (5) Sequence of agency's involvement.

    (d) Any Federal agency, or any State or local agency or private 

person substantially affected by the absence of lead agency designation, 

may make a written request to the potential lead agencies that a lead 

agency be designated.

    (e) If Federal agencies are unable to agree on which agency will be 

the lead agency or if the procedure described in paragraph (c) of this 

section has not resulted within 45 days in a lead agency designation, 

any of the agencies or persons concerned may file a request with the 

Council asking it to determine which Federal agency shall be the lead 

agency.



A copy of the request shall be transmitted to each potential lead 

agency. The request shall consist of:

    (1) A precise description of the nature and extent of the proposed 

action.

    (2) A detailed statement of why each potential lead agency should or 

should not be the lead agency under the criteria specified in paragraph 

(c) of this section.

    (f) A response may be filed by any potential lead agency concerned 

within 20 days after a request is filed with the Council. The Council 

shall determine as soon as possible but not later than 20 days after 

receiving the request and all responses to it which Federal agency shall 

be the lead agency and which other Federal agencies shall be cooperating 

agencies.



[43 FR 55992, Nov. 29, 1978; 44 FR 873, Jan. 3, 1979]