[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: 40CFR1505.2]



[Page 884]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY

 

PART 1505_NEPA AND AGENCY DECISIONMAKING--Table of Contents

 

Sec.  1505.2  Record of decision in cases requiring environmental impact 

statements.



    At the time of its decision (Sec.  1506.10) or, if appropriate, its 

recommendation to Congress, each agency shall prepare a concise public 

record of decision. The record, which may be integrated into any other 

record prepared by the agency, including that required by OMB Circular 

A-95 (Revised), part I, sections 6(c) and (d), and part II, section 

5(b)(4), shall:

    (a) State what the decision was.

    (b) Identify all alternatives considered by the agency in reaching 

its decision, specifying the alternative or alternatives which were 

considered to be environmentally preferable. An agency may discuss 

preferences among alternatives based on relevant factors including 

economic and technical considerations and agency statutory missions. An 

agency shall identify and discuss all such factors including any 

essential considerations of national policy which were balanced by the 

agency in making its decision and state how those considerations entered 

into its decision.

    (c) State whether all practicable means to avoid or minimize 

environmental harm from the alternative selected have been adopted, and 

if not, why they were not. A monitoring and enforcement program shall be 

adopted and summarized where applicable for any mitigation.