Sec.  1.1308   Consideration of environmental assessments (EAs); findings of no
significant impact.

   (a) Applicants shall prepare EAs for actions that may have a significant
   environmental impact (see  Sec. 1.1307). An EA is described in detail in  Sec. 1.1311
   of this part of the Commission rules.

   (b) The EA is a document which shall explain the environmental consequences
   of the proposal and set forth sufficient analysis for the Bureau or the
   Commission to reach a determination that the proposal will or will not have
   a significant environmental effect. To assist in making that determination,
   the Bureau or the Commission may request further information from the
   applicant, interested persons, and agencies and authorities which have
   jurisdiction by law or which have relevant expertise.

   Note: With respect to actions specified under  Sec. 1.1307 (a)(3) and (a)(4), the
   Commission shall solicit and consider the comments of the Department of
   Interior, and the State Historic Preservation Officer and the Advisory
   Council on Historic Preservation, respectively, in accordance with their
   established procedures. See Interagency Cooperation—Endangered Species Act
   of 1973, as amended, 50 CFR part 402; Protection of Historic and Cultural
   Properties, 36 CFR part 800. In addition, when an action interferes with or
   adversely affects an American Indian tribe's religious site, the Commission
   shall solicit the views of that American Indian tribe. See  Sec. 1.1307(a)(5).

   (c) If the Bureau or the Commission determines, based on an independent
   review of the EA and any applicable mandatory consultation requirements
   imposed upon Federal agencies (see note above), that the proposal will have
   a significant environmental impact upon the quality of the human
   environment, it will so inform the applicant. The applicant will then have
   an opportunity to amend its application so as to reduce, minimize, or
   eliminate environmental problems. See  Sec. 1.1309. If the environmental problem
   is not eliminated, the Bureau will publish in the Federal Register a Notice
   of Intent (see  Sec. 1.1314) that EISs will be prepared (see  Sec.  Sec. 1.1315 and
   1.1317), or

   (d) If the Bureau or Commission determines, based on an independent review
   of the EA, and any mandatory consultation requirements imposed upon Federal
   agencies (see the note to paragraph (b) of this section), that the proposal
   would not have a significant impact, it will make a finding of no
   significant impact. Thereafter, the application will be processed without
   further documentation of environmental effect. Pursuant to CEQ regulations,
   see 40 CFR 1501.4 and 1501.6, the applicant must provide the community
   notice of the Commission's finding of no significant impact.

   [ 51 FR 15000 , Apr. 22, 1986;  51 FR 18889 , May 23, 1986, as amended at  53 FR 28394 , July 28, 1988]