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Electronic Code of Federal Regulations

e-CFR Data is current as of October 20, 2014

Title 43Subtitle BChapter IIIPart 10010 → Subpart A


Title 43: Public Lands: Interior
PART 10010—POLICIES AND PROCEDURES FOR IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY ACT


Subpart A—Protection and Enhancement of Environmental Quality


Contents
§10010.1   Purpose.
§10010.2   Policy.
§10010.3   General responsibilities.
§10010.4   Consideration of environmental values.
§10010.5   Consultation, coordination, and cooperation with other agencies and organizations.
§10010.6   Public involvement.
§10010.7   Mandate.

§10010.1   Purpose.

This Subpart establishes the Commission's policies for complying with Title 1 of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4347) (NEPA); Section 2 of Executive Order 11514, Protection and Enhancement of Environmental Quality, as amended by Executive Order 11991; and the regulations of the Council on Environmental Quality (CEQ) implementing the procedural provisions of NEPA (40 CFR parts 1500 through 1508).

§10010.2   Policy.

It is the policy of the Commission:

(a) To provide leadership in protecting and enhancing those aspects of the quality of the Nation's environment which relate to or may be affected by the Commission's policies, goals, programs, plans, or functions in furtherance of national environmental policy;

(b) To use all practicable means to improve, coordinate, and direct its policies, plans, functions, programs, and resources in furtherance of national environmental goals;

(c) To interpret and administer, to the fullest extent possible, the policies, regulations, and public laws of the United States administered by the Commission in accordance with the policies of NEPA;

(d) To consider and give significant weight to environmental factors, along with other essential considerations, in developing proposals and making decisions in order to achieve a proper balance between the development and utilization of natural, cultural, and human resources and the protection and enhancement of environmental quality;

(e) To consult, coordinate, and cooperate with other Federal agencies and State, local, and Indian tribal governments in the development and implementation of the Commission's plans and programs affecting environmental quality and, in turn, to provide to the fullest extent practicable, these entities with information concerning the environmental impacts of their respective plans and programs;

(f) To provide, to the fullest extent practicable, timely information to the public to better assist in understanding the Commission's plans and programs affecting environmental quality and to facilitate their involvement in the development of such plans and programs; and

(g) To cooperate with and assist the CEQ.

§10010.3   General responsibilities.

The following responsibilities reflect the Commission's decision that the officials responsible for making program decisions are also responsible for taking the requirements of NEPA into account in those decisions and will be held accountable for that responsibility:

(a) Executive Director. (1) Is the Commission's focal point on NEPA matters and is responsible for overseeing the Commission's implementation of NEPA.

(2) Serves as the Commission's principle contact with the CEQ.

(3) Assigns to Commission staff the responsibilities outlined in this part.

(4) Must comply with the provisions of NEPA, E.O. 11514 as amended, the CEQ regulations, and this part.

(5) Will interpret and administer, to the fullest extent possible, the policies, regulations, and public laws of the United States administered under the Commission's jurisdiction in accordance with the policies of NEPA.

(6) Will continue to review the Commission's statutory authorities, administrative regulations, policies, programs, and procedures, in order to identify any deficiencies or inconsistencies therein which prohibit or limit full compliance with the intent, purpose, and provisions of NEPA and, in consultation with the Department of the Interior Office of the Solicitor, shall take or recommend, as appropriate, corrective actions as may be necessary to bring these authorities and policies into conformance with the intent, purpose, and procedures of NEPA.

(7) Will monitor, evaluate, and control on a continuing basis the Commission's activities so as to protect and enhance the quality of the environment. Such activities will include those directed to conserving and enhancing the environment and designed to accomplish other program objectives which may affect the quality of the environment. The Executive Director will develop programs and measures to protect and enhance environmental quality and assess progress in meeting the specific objectives of such activities as they affect the quality of the environment.

(b) Members of the Commission. (1) Are responsible for compliance with NEPA, E.O. 11514, as amended, the CEQ regulations, and this part.

(2) Will insure that, to the fullest extent possible, the policies, regulations, and public laws of the United States administered under the Commission's jurisdiction are interpreted and administered in accordance with the policies of NEPA.

(c) Department of the Interior Office of the Solicitor. Is responsible for providing legal advice to the Commission regarding compliance with NEPA.

§10010.4   Consideration of environmental values.

(a) In Commission management. (1) In the management of the natural, cultural, and human resources under its jurisdiction, the Commission must consider and balance a wide range of economic, environmental, and social objectives at the local, regional, and national levels, not all of which are quantifiable in comparable terms. In considering and balancing these objectives, Commission plans, proposals, and decisions often require recognition of complements and resolution of conflicts among interrelated uses of these natural, cultural, and human resources within technological, budgetary, and legal constraints.

(2) Commission project reports, program proposals, issue papers, and other decision documents must carefully analyze the various objectives, resources, and constraints, and comprehensively and objectively evaluate the advantages and disadvantages of the proposed actions and their reasonable alternatives. Where appropriate, these documents will utilize and reference supporting and underlying economic, environmental, and other analyses.

(3) The underlying environmental analyses will factually, objectively, and comprehensively analyze the environmental effects of proposed actions and their reasonable alternatives. They will systematically analyze the environmental impacts of alternatives, and particularly those alternatives and measures which would reduce, mitigate, or prevent adverse environmental impacts or which would enhance environmental quality.

(b) In internally initiated proposals. Officials responsible for development or conduct of planning and decision making systems within the Commission shall incorporate to the maximum extent necessary environmental planning as an integral part of these systems in order to insure that environmental values and impacts are fully considered and in order to facilitate any necessary documentation of those considerations.

(c) In externally initiated proposals. Officials responsible for development or conduct of grant, contract, or other externally initiated activities shall require applicants, to the extent necessary and practicable, to provide environmental information, analyses, and reports as an integral part of their applications. This will serve to encourage applicants to incorporate environmental considerations into their planning processes as well as provide the Commission with necessary information to meet its own environmental responsibilities.

§10010.5   Consultation, coordination, and cooperation with other agencies and organizations.

(a) Commission plans and programs. (1) Officials responsible for planning or implementing Commission plans and programs will develop and utilize procedures to consult, coordinate, and cooperate with relevant State, local, and Indian tribal governments; other Federal agencies; and public and private organizations and individuals concerning the environmental effects of these plans and programs on their jurisdictions and/or interests.

(2) The Commission will utilize, to the maximum extent possible, existing notification, coordination, and review mechanisms established by the Office of Management and Budget, the Water Resource Council, and CEQ. However, use of these mechanisms must not be a substitute for early and positive consultation, coordination, and cooperation with others, especially State, local, and Indian tribal governments.

(b) Other Commission activities. (1) Technical assistance, advice, data, and information useful in restoring, maintaining, and enhancing the quality of the environment will be made available to other Federal agencies, State, local, and Indian tribal governments, institutions, and individuals as appropriate.

(2) Information regarding existing or potential environmental problems and control methods developed as a part of research, development, demonstration, test, or evaluation activities will be made available to other Federal agencies, State, local, and Indian tribal governments, institutions and other entities as appropriate.

(c) Plans and programs of other agencies and organizations. (1) Officials responsible for protecting, conserving, developing, or managing resources under the Commission's jurisdiction shall coordinate and cooperate with State, local and Indian tribal governments, other Federal agencies, and public and private organizations and individuals, and provide them with timely information concerning the environmental effects of these entities' plans and programs.

(2) The Commission will participate early in applicable planning processes of other agencies and organizations in order to ensure full cooperation with and understanding of the Commission's programs and interests in natural, cultural, and human resources.

(3) The Commission will utilize to the fullest extent possible, existing review mechanisms to avoid unnecessary duplication of effort and to avoid confusion by other organizations.

§10010.6   Public involvement.

The Commission will develop and utilize procedures to ensure the fullest practicable provision of timely public information and understanding of its plans and programs including information on the environmental impacts of alternative courses of action. These procedures will include, wherever appropriate, provision for public meetings or hearings in order to obtain the views of interested parties. The Commission will also encourage State and local agencies and Indian tribal governments to adopt similar procedures for informing the public concerning their activities affecting the quality of the environment.

§10010.7   Mandate.

(a) This part provides instructions for complying with NEPA and Executive Order 11514, Protection and Enhancement of Environmental Quality, as amended by Executive Order 11991.

(b) The Commission hereby adopts the regulations of the CEQ, implementing the procedural provisions of NEPA (sec. 102(2)(C)) except where compliance would be inconsistent with other statutory requirements. In the case of any apparent discrepancies between these procedures and the mandatory provisions of the CEQ regulations the regulations shall govern.

(c) Instructions supplementing the CEQ regulations are provided in subparts B through G of this part. Citations in brackets refer to the CEQ regulations. In addition, the Commission may prepare a handbook or other technical guidance, or adopt an appropriate handbook or guidance prepared by another agency, for its personnel on how to apply this part to principal programs.



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