[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: 40CFR1501.8]



[Page 873]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY

 

PART 1501_NEPA AND AGENCY PLANNING--Table of Contents

 

Sec.  1501.8  Time limits.



    Although the Council has decided that prescribed universal time 

limits for the entire NEPA process are too inflexible, Federal agencies 

are encouraged to set time limits appropriate to individual actions 

(consistent with the time intervals required by Sec.  1506.10). When 

multiple agencies are involved the reference to agency below means lead 

agency.

    (a) The agency shall set time limits if an applicant for the 

proposed action requests them: Provided, That the limits are consistent 

with the purposes of NEPA and other essential considerations of national 

policy.

    (b) The agency may:

    (1) Consider the following factors in determining time limits:

    (i) Potential for environmental harm.

    (ii) Size of the proposed action.

    (iii) State of the art of analytic techniques.

    (iv) Degree of public need for the proposed action, including the 

consequences of delay.

    (v) Number of persons and agencies affected.

    (vi) Degree to which relevant information is known and if not known 

the time required for obtaining it.

    (vii) Degree to which the action is controversial.

    (viii) Other time limits imposed on the agency by law, regulations, 

or executive order.

    (2) Set overall time limits or limits for each constituent part of 

the NEPA process, which may include:

    (i) Decision on whether to prepare an environmental impact statement 

(if not already decided).

    (ii) Determination of the scope of the environmental impact 

statement.

    (iii) Preparation of the draft environmental impact statement.

    (iv) Review of any comments on the draft environmental impact 

statement from the public and agencies.

    (v) Preparation of the final environmental impact statement.

    (vi) Review of any comments on the final environmental impact 

statement.

    (vii) Decision on the action based in part on the environmental 

impact statement.

    (3) Designate a person (such as the project manager or a person in 

the agency's office with NEPA responsibilities) to expedite the NEPA 

process.

    (c) State or local agencies or members of the public may request a 

Federal Agency to set time limits.