FORTY MOST ASKED QUESTIONS & ANSWERS

Limitations on Action During 30-Day Review Period for Final EIS


10a. That actions by agencies and/or applicants are allowed during EIS preparation and during the 30-day review period after publication of a final EIS?

Answer:

No federal decision on the proposed action shall be made or recorded until at least 30 days after the publication by EPA of notice that the particular EIS has been filed with EPA. Sections 1505.2 and 1506.10. Section 1505.2 requires this decision to be stated in a public Record of Decision. Until the agency issues its Record of Decision, no action by an agency or an applicant shall be taken Which would have an adverse environmental impact or limit the choice of reasonable alternatives. Section 1506.1 (a). But this docs not preclude preliminary planning or design work which is needed to support an application for permits or assistance. Section 1506.1(d).

When the impact statement in question is a program EIS, no major action concerning the program may be taken which may significantly affect the quality of the human environment, unless the particular action is justified independently of the program, is accompanied by its own adequate environmental impact statement and will not prejudice the ultimate decision on the program. Section 1506.1(c).

10b. Q. Do these limitations on action (described in Question 10a) apply to state and local agencies that have statutorily delegated responsibility for preparation of environmental documents required by NEPA, for example, under the HUD Block Grant program?

Answer:

Yes, these limitations do apply without any variation from their application to federal agencies.

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