41 CFR 51-7.3 - Ensuring environmental documents are actually considered in agency determinations.
(a) 40 CFR 1505.1 of the NEPA regulations contains requirements to ensure adequate consideration of environmental documents in agency decision-making. To implement these requirements, the Committee staff shall:
(1) Consider all relevant environmental documents in evaluating proposals for agency action;
(2) Ensure that all relevant environmental documents, comments and responses accompany the proposal through the agency review processes;
(3) Consider only those alternatives discussed in the relevant environmental documents when evaluating proposals for agency action; and
(4) Where an EIS has been prepared, consider the specific alternative analysis in the EIS when evaluating the proposal which is the subject of the EIS.
(b) For each of the Committee's actions authorized by the JWOD Act, the following list identifies the point at which the NEPA process begins, the point at which it ends, and the key agency official or office required to consider the relevant environmental documents as a part of their decision-making:
(1) Action: Request.
(2) Start of NEPA process: Upon receipt of request.
(3) Completion of NEPA process: When the deciding official reviews the proposal and makes a determination.
(4) Key official or office required to consider environmental document: When a positive determination is made under § 51-7.2(b), the applicant in conjunction with the Committee staff will prepare the necessary papers.