§ 1.1314   Environmental impact statements (EISs).

   (a)  Draft Environmental Impact Statements (DEISs) (§ 1.1315) and Final
   Environmental Impact Statements (FEISs) (referred to collectively as EISs)
   (§ 1.1317) shall be prepared by the Bureau responsible for processing the
   proposal when the Commission's or the Bureau's analysis of the EA (§ 1.1308)
   indicates  that  the  proposal will have a significant effect upon the
   environment and the matter has not been resolved by an amendment.

   (b) As soon as practically feasible, the Bureau will publish in the Federal
   Register  a Notice of Intent to prepare EISs. The Notice shall briefly
   identify the proposal, concisely describe the environmental issues and
   concerns  presented  by  the subject application, and generally invite
   participation from affected or involved agencies, authorities and other
   interested persons.

   (c)  The  EISs  shall not address non-environmental considerations. To
   safeguard  against repetitive and unnecessarily lengthy documents, the
   Statements, where feasible, shall incorporate by reference material set
   forth in previous documents, with only a brief summary of its content. In
   preparing the EISs, the Bureau will identify and address the significant
   environmental issues and eliminate the insignificant issues from analysis.

   (d) To assist in the preparation of the EISs, the Bureau may request further
   information  from  the  applicant, interested persons and agencies and
   authorities,  which  have  jurisdiction  by law or which have relevant
   expertise. The Bureau may direct that technical studies be made by the
   applicant  and that the applicant obtain expert opinion concerning the
   potential environmental problems and costs associated with the proposed
   action, as well as comparative analyses of alternatives. The Bureau may also
   consult experts in an effort to identify measures that could be taken to
   minimize the adverse effects and alternatives to the proposed facilities
   that are not, or are less, objectionable. The Bureau may also direct that
   objections be raised with appropriate local, state or Federal land use
   agencies or authorities (if their views have not been previously sought).

   (e) The Bureau responsible for processing the particular application and,
   thus,  preparing  the EISs shall draft supplements to Statements where
   significant  new circumstances occur or information arises relevant to
   environmental concerns and bearing upon the application.

   (f)  The  Application,  the EA, the DEIS, and the FEIS and all related
   documents, including the comments filed by the public and any agency, shall
   be part of the administrative record and will be routinely available for
   public inspection.

   (g) If EISs are to be prepared, the applicant must provide the community
   with  notice  of  the  availability of environmental documents and the
   scheduling of any Commission hearings in that action.

   (h) The timing of agency action with respect to applications subject to EISs
   is set forth in 40 CFR 1506.10. No decision shall be made until ninety (90)
   days after the Notice of Availability of the Draft Environmental Impact
   Statement is published in the Federal Register, and thirty (30) days after
   the Notice of Availability of the Final Environmental Impact Statement is
   published in the Federal Register, which time period may run concurrently,
   See 40 CFR 1506.10(c); see also § § 1.1315(b) and 1.1317(b).

   (i) Guidance concerning preparation of the Draft and Final Environmental
   Statements is set out in 40 CFR part 1502.

   [ 51 FR 15000 , Apr. 22, 1986, as amended at  53 FR 28394 , July 28, 1988]

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