§ 1815.105. Major decision points.
305 words·~1 min read·
/us/cfr/t12/s§ 1815.105·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The possible environmental effects of an Application, including any Comprehensive Business Plan, must be considered along with technical, economic, and other factors throughout the decisionmaking process. For most Fund actions there are two distinct stages in the decisionmaking process:
(1)Preliminary approval stage, at which point applications are selected for funding; and
(2)Final approval and funding stage.
(b)Environmental review shall be integrated into the decisionmaking process of the Fund as follows:
(1)During the preliminary approval stage, the designated Fund official shall determine whether the Application proposes actions which are categorically excluded, or normally require an environmental assessment or an EIS;
(2)If the designated Fund official determines that the Application proposes actions which normally require an environmental assessment or an EIS, the applicant shall be informed that the final approval and funding, in addition to any other conditions, is contingent upon:
(i)The applicant supplying to the Fund all information necessary for the Fund to perform or have performed any environmental review required by this part;
(ii)The applicant not using any Fund financial assistance to perform any of such proposed actions in the Application that affect the physical environment until Fund approval is received; and
(iii)The outcome of the environmental review required by this part;
(3)The Fund will perform or have performed the environmental reviews required by this part;
(4)A preliminary approval of an Application may be withdrawn or further conditions may be imposed based upon the outcome of an environmental review required by this part; and
(5)If the designated Fund official determines that the Application proposes actions that require an environmental assessment or an EIS, the environmental assessment and/or EIS must be completed and circulated prior to the use of Federal funds for any activity that triggers the need for an environmental assessment and/or EIS.