40 CFR 1506.1 - Limitations on actions during NEPA process.
(a) Until an agency issues a record of decision as provided in § 1505.2 (except as provided in paragraph (c) of this section), no action concerning the proposal shall be taken which would:
(1) Have an adverse environmental impact; or
(2) Limit the choice of reasonable alternatives.
(b) If any agency is considering an application from a non-Federal entity, and is aware that the applicant is about to take an action within the agency's jurisdiction that would meet either of the criteria in paragraph (a) of this section, then the agency shall promptly notify the applicant that the agency will take appropriate action to insure that the objectives and procedures of NEPA are achieved.
(c) While work on a required program environmental impact statement is in progress and the action is not covered by an existing program statement, agencies shall not undertake in the interim any major Federal action covered by the program which may significantly affect the quality of the human environment unless such action:
(1) Is justified independently of the program;
(2) Is itself accompanied by an adequate environmental impact statement; and
(3) Will not prejudice the ultimate decision on the program. Interim action prejudices the ultimate decision on the program when it tends to determine subsequent development or limit alternatives.
(d) This section does not preclude development by applicants of plans or designs or performance of other work necessary to support an application for Federal, State or local permits or assistance. Nothing in this section shall preclude Rural Electrification Administration approval of minimal expenditures not affecting the environment (e.g. long leadtime equipment and purchase options) made by non-governmental entities seeking loan guarantees from the Administration.
- 7 CFR 1970.51 — Applying CEs.
- 7 CFR 1970.12 — Limitations on Actions During the NEPA Process.
- 7 CFR 1970.5 — Responsible Parties.
- 7 CFR 1970.53 — CEs Involving No or Minimal Disturbance Without an Environmental Report.
- 10 CFR 1021.322 — Findings of No Significant Impact.
- 10 CFR 1021.215 — Applicant Process.
- 10 CFR 1021.315 — Records of Decision.
- 10 CFR 1021.410 — Application of Categorical Exclusions (Classes of Actions That Normally Do Not Require EAs or EISs).
- 10 CFR 1021.210 — DOE Decisionmaking.
- 10 CFR 1021.216 — Procurement, Financial Assistance, and Joint Ventures.
- 10 CFR 1021.104 — Definitions.
- 23 CFR 771.113 — Timing of Administration Activities.
- 23 CFR 771.127 — Record of Decision.
- 32 CFR 651.5 — Army Policies.
- 32 CFR 651.14 — Integration With Army Planning.
- 32 CFR 651.4 — Responsibilities.
- 33 CFR 230.22 — Limitations on Actions During the NEPA Process.
- 40 CFR 6.302 — Responsible Official Requirements.
- 43 CFR 46.160 — Limitations on Actions During the NEPA Analysis Process.
- 45 CFR 640.5 — Responsibilities and Procedures for Preparation of an Environmental Impact Statement.