§ 900.12. Environmental review.
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/us/cfr/t10/s§ 900.12·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)After the Integrated Interagency Pre-Application
(IIP)Process close-out meeting, and after receipt of a relevant application for a Federal authorization or permit in accordance with the final project-specific schedule, DOE and any NEPA joint lead agency selected under § 900.11 shall prepare an environmental review document for the proposed electric transmission project designed to serve the needs of all relevant Federal entities.
(b)When preparing the environmental review document, DOE and any NEPA joint lead agency shall:
(1)Consider the materials developed throughout the IIP Process; and
(2)Consult with relevant Federal entities and relevant non-Federal entities.
(c)DOE, in consultation with any NEPA joint lead agency, is expected to be responsible for:
(1)Identifying, contracting with, directing, supervising, and arranging for the payment of contractors, as appropriate, to draft the environmental review document; and
(2)Publishing the environmental review document and any related documents.
(d)Each Federal entity or non-Federal entity that is responsible for issuing a separate Federal authorization for the proposed project shall:
(1)Identify all information and analysis needed to make the authorization decision; and
(2)Identify all alternatives that need to be included, including a preferred alternative, with respect to the authorization.
(e)DOE and any NEPA joint lead agency, in consultation with relevant Federal entities, shall identify the full scope of alternatives for analysis, including the no action alternative.
(f)To the maximum extent permitted under law, relevant Federal entities shall use the environmental review document as the basis for all Federal authorization decisions on the proposed project. DOE and the relevant Federal entities shall issue, except where inappropriate or inefficient, a joint decision document, which will include the determination by the Secretary of a duration for each land use authorization issued on the proposed project.
(g)For all proposed projects, DOE shall serve as lead agency for consultation under the Endangered Species Act (50 CFR 402.07) and section 106 of the NHPA (36 CFR 800.2(a)(2)) unless the relevant Federal entities designate otherwise. DOE shall coordinate these consultation processes with the Federal agency with the most significant interest in the management of Federal lands or waters that would be traversed or affected by the proposed project or the designated lead agency.
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- 50 CFR 402.07
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