[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR12.10]



[Page 52-53]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 12_DISPOSAL AND UTILIZATION OF SURPLUS REAL PROPERTY FOR PUBLIC 

HEALTH PURPOSES--Table of Contents

 

Sec.  12.10  Compliance with the National Environmental Policy Act of 1969 

and other related Acts (environmental impact).



    (a) The Department will, prior to making a final decision to convey 

or lease, or to amend, reform, or grant an approval or release with 

respect to a previous conveyance or lease of, surplus real property for 

public health purposes, complete an environmental assessment of the 

proposed transaction in keeping with applicable provisions of the 

National Environmental Policy Act of 1969, the National Historic 

Preservation Act of 1966, the National Archeological Data Preservation 

Act, and other related acts. No permit to use surplus real property 

shall allow the permittee to make, or cause to be made, any irreversible 

change in the condition of said property, and no use permit shall be 

employed for the purpose of delaying or avoiding compliance with the 

requirements of these Acts.

    (b) Applicants shall be required to provide such information as the 

Department deems necessary to make an assessment of the impact of the 

proposed Federal action on the human environment. Materials contained in 

the applicant's official request, responses to a standard questionnaire 

prescribed by the Public Health Service, as well as other relevant 

information, will be



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used by the Department in making said assessment.

    (c) If the assessment reveals (1) That the proposed Federal action 

involves properties of historical significance which are listed, or 

eligible for listing, in the National Register of Historic Places, or 

(2) that a more than insignificant impact on the human environment is 

reasonably foreseeable as a result of the proposed action, or (3) that 

the proposed Federal action could result in irreparable loss or 

destruction of archeologically significant items or data, the Department 

will, except as provided for in paragraph (d) of this section, prepare 

and distribute, or cause to be prepared or distributed, such notices and 

statements and obtain such approvals as are required by the above cited 

Acts.

    (d) If a proposed action involves other Federal agencies in a 

sequence of actions, or a group of actions, directly related to each 

other because of their functional interdependence, the Department may 

enter into and support a lead agency agreement to designate a single 

lead agency which will assume primary responsibility for coordinating 

the assessment of environmental effects of proposed Federal actions, 

preparing and distributing such notices and statements, or obtaining 

such approvals, as are required by the above cited Acts. The procedures 

of the designated lead agency will be utilized in conducting the 

environmental assessment. In the event of disagreement between the 

Department and another Federal agency, the Department will reserve the 

right to abrogate its lead agency agreement with the other Federal 

Agency.



[45 FR 72173, Oct. 31, 1980, as amended at 55 FR 32252, Aug. 8, 1990]