40 CFR 1505 - CEQ - Regulations for Implementing NEPA
Authority: NEPA, the Environmental Quality Improvement Act of 1970, as
amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as
amended (42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by E.O. 11991,
May 24, 1977).
Source: 43 FR 55999, Nov. 29, 1978, unless otherwise noted.
Sec. 1505.1 Agency decisionmaking procedures.
Agencies shall adopt procedures (Sec. 1507.3) to ensure that decisions
are made in accordance with the policies and purposes of the Act. Such
procedures shall include but not be limited to:
Sec. 1505.2 Record of decision in cases requiring environmental impact statements.
At the time of its decision (Sec. 1506.10) or, if appropriate, its
recommendation to Congress, each agency shall prepare a concise public
record of decision. The record, which may be integrated into any other record
prepared by the agency, including that required by OMB Circular A-95
(Revised), part I, sections 6(c) and (d), and Part II, section 5(b)(4),
Sec. 1505.3 Implementing the decision.
Agencies may provide for monitoring to assure that their decisions are
carried out and should do so in important cases. Mitigation (Sec.
1505.2(c)) and other conditions established in the environmental impact statement or
during its review and committed as part of the decision shall be
implemented by the lead agency or other appropriate consenting agency. The lead agency