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82 FR 45424, Sept. 29, 2017; 82 FR 48609, Oct. 19, 2017, unless otherwise noted.
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(a) A Federal Agency applicant shall serve as the Lead Agency and prepare an EA or an EIS for:
(1) An application that requires Commission approval; and
(2) An application for action on a master plan that includes future projects that require Commission approval; provided that:
(i) The applicant intends to submit individual projects covered by the master plan to the Commission within five years of the date of Commission action on the master plan; and
(ii) The applicant intends to use the master plan EA or EIS to satisfy its NEPA obligation for specific projects referenced in the master plan.
(b) NCPC shall serve as Lead Agency and prepare an EA or an EIS for:
(1) An application submitted by a Non-Federal Agency that requires Commission approval;
(2) An application submitted by a Non-Federal Agency for action on a master plan that includes future projects that require Commission approval; provided that:
(i) The Non-Federal Agency applicant intends to submit individual projects covered by the master plan to the Commission within five years of the date of Commission action on the master plan; and
(ii) The Non-Federal Agency applicant intends to use the master plan EA or EIS to satisfy its NEPA obligation for a specific project referenced in the master plan; and
(3) An application for approval of land acquisitions undertaken pursuant to 40 U.S.C. 8731-8732.