46.20—How to use this part.
(a)
This part supplements, and is to be used in conjunction with, the CEQ regulations except where it is inconsistent with other statutory requirements. The following table shows the corresponding CEQ regulations for the sections in subparts A—E of this part. Some sections in those subparts do not have a corresponding CEQ regulation.
Subpart A40 CFR
46.10Parts 1500-1508
46.20No corresponding CEQ regulation
46.30No corresponding CEQ regulation
Subpart B
46.1001508.14, 1508.18, 1508.23
46.1051506.5
46.110No corresponding CEQ regulation
46.1151508.7
46.1201502.9, 1502.20, 1502.21, 1506.3
46.1251502.22
46.1301502.14
46.1351502.21
46.1401502.20
46.145No corresponding CEQ regulation
46.1501506.11
46.1551502.25, 1506.2
46.1601506.1
46.170No corresponding CEQ regulation
Subpart C
46.2001501.2
46.2051508.4
46.2101508.4
46.2151508.4
46.2201501.5
46.2251501.6
46.2301501.6
46.2351501.7
46.2401501.8
Subpart D
46.3001501.3
46.3051501.7, 1506.6
46.3101508.9
46.315No corresponding CEQ regulation
46.3201506.3
46.3251501.4
Subpart E
46.4001502.5
46.4051502.7
46.4151502.10
46.4201502.14
46.4251502.14
46.4301502.25
46.4351503
46.4401506.2
46.4451506.8
46.4501505.2
(b)
The Responsible Official will ensure that the decision making process for proposals subject to this part includes appropriate NEPA review.
(c)
During the decision making process for each proposal subject to this part, the Responsible Official shall consider the relevant NEPA documents, public and agency comments (if any) on those documents, and responses to those comments, as part of consideration of the proposal and, except as specified in paragraphs 46.210(a) through (j), shall include such documents, including supplements, comments, and responses as part of the administrative file.
(d)
The Responsible Official's decision on a proposed action shall be within the range of alternatives discussed in the relevant environmental document. The Responsible Official's decision may combine elements of alternatives discussed in the relevant environmental document if the effects of such combined elements of alternatives are reasonably apparent from the analysis in the relevant environmental document.
(e)
For situations involving an applicant, the Responsible Official should initiate the NEPA process upon acceptance of an application for a proposed Federal action. The Responsible Official must publish or otherwise provide policy information and make staff available to advise potential applicants of studies or other information, such as costs, foreseeably required for later Federal action.