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