PART 1504--PREDECISION REFERRALS TO THE COUNCIL OF PROPOSED FEDERAL
ACTIONS DETERMINED TO BE ENVIRONMENTALLY UNSATISFACTORY
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
(42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by E.O. 11991,
Source: 43 FR 55998, Nov. 29, 1978, unless otherwise noted.
Sec. 1504.1 Purpose.
Sec. 1504.2 Criteria for referral.
Environmental referrals should be made to the Council only after
timely (as early as possible in the process), but unsuccessful attempts to
resolve differences with the lead agency. In determining what
objections to the matter are appropriate to refer to the Council, an
should weigh potential adverse environmental impacts, considering:
Sec. 1504.3 Procedure for referrals and response.
(d) Not later than twenty-five (25) days after the referral to the
the lead agency may deliver a response to the Council, and the referring
agency. If the lead agency requests more time and gives assurance that the
matter will not go forward in the interim, the Council may grant an
extension. The response shall:
- Address fully the issues raised in the referral.
- Be supported by evidence.
- Give the lead agency's response to the referring agency's
(e) Interested persons (including the applicant) may deliver their views
writing to the Council. Views in support of the referral should be
not later than the referral. Views in support of the response shall be
delivered not later than the response.
(f) Not later than twenty-five (25) days after receipt of both the
and any response or upon being informed that there will be no response
(unless the lead agency agrees to a longer time), the Council may take one
more of the following actions:
- Conclude that the process of referral and response has successfully
resolved the problem.
- Initiate discussions with the agencies with the objective of
with referring and lead agencies.
- Hold public meetings or hearings to obtain additional views and
- Determine that the issue is not one of national importance and
the referring and lead agencies to pursue their decision process.
- Determine that the issue should be further negotiated by the
and lead agencies and is not appropriate for Council consideration until
or more heads of agencies report to the Council that the agencies'
disagreements are irreconcilable.
- Publish its findings and recommendations (including where
finding that the submitted evidence does not support the position of an
- When appropriate, submit the referral and the response together with
the Council's recommendation to the President for action.
(g) The Council shall take no longer than 60 days to complete the
specified in paragraph (f)(2), (3), or (5) of this section.
(h) When the referral involves an action required by statute to be
determined on the record after opportunity for agency hearing, the
shall be conducted in a manner consistent with 5 U.S.C. 557(d)
(Administrative Procedure Act).
[43 FR 55998, Nov. 29, 1978; 44 FR 873, Jan. 3, 1979]
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