[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: 40CFR1507.3]



[Page 890-891]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY

 

PART 1507_AGENCY COMPLIANCE--Table of Contents

 

Sec.  1507.3  Agency procedures.



    (a) Not later than eight months after publication of these 

regulations as finally adopted in the Federal Register, or five months 

after the establishment of an agency, whichever shall come later, each 

agency shall as necessary adopt procedures to supplement these 

regulations. When the agency is a department, major subunits are 

encouraged (with the consent of the department) to adopt their own 

procedures. Such procedures shall not paraphrase these regulations. They 

shall confine themselves to implementing procedures. Each agency shall 

consult with the Council while developing its procedures and before 

publishing them in the Federal Register for comment. Agencies with 

similar programs should consult with each other and the Council to 

coordinate their procedures, especially for programs requesting similar 

information from applicants. The procedures shall be adopted only after 

an opportunity for public review and after review by the Council for 

conformity with the Act and these regulations. The Council shall 

complete its review within 30 days. Once in effect they shall be filed 

with the Council and made readily available to the public. Agencies are 

encouraged to publish explanatory guidance for these regulations and 

their own procedures. Agencies shall continue to review their policies 

and procedures and in consultation with the Council to revise them as 

necessary to ensure full compliance with the purposes and provisions of 

the Act.

    (b) Agency procedures shall comply with these regulations except 

where compliance would be inconsistent with statutory requirements and 

shall include:

    (1) Those procedures required by Sec. Sec.  1501.2(d), 1502.9(c)(3), 

1505.1, 1506.6(e), and 1508.4.

    (2) Specific criteria for and identification of those typical 

classes of action:

    (i) Which normally do require environmental impact statements.

    (ii) Which normally do not require either an environmental impact 

statement or an environmental assessment (categorical exclusions (Sec.  

1508.4)).

    (iii) Which normally require environmental assessments but not 

necessarily environmental impact statements.

    (c) Agency procedures may include specific criteria for providing 

limited exceptions to the provisions of these regulations for classified 

proposals. They are proposed actions which are specifically authorized 

under criteria established by an Executive Order or statute to be kept 

secret in the interest of national defense or foreign policy and are in 

fact properly classified pursuant to such Executive Order or statute. 

Environmental assessments and environmental impact statements



[[Page 891]]



which address classified proposals may be safeguarded and restricted 

from public dissemination in accordance with agencies' own regulations 

applicable to classified information. These documents may be organized 

so that classified portions can be included as annexes, in order that 

the unclassified portions can be made available to the public.

    (d) Agency procedures may provide for periods of time other than 

those presented in Sec.  1506.10 when necessary to comply with other 

specific statutory requirements.

    (e) Agency procedures may provide that where there is a lengthy 

period between the agency's decision to prepare an environmental impact 

statement and the time of actual preparation, the notice of intent 

required by Sec.  1501.7 may be published at a reasonable time in 

advance of preparation of the draft statement.