(a)
(1) cite the sources, authorities, and reasons that support the position of the agency; and
(2) if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.
(b)
(1) the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or
(2) there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the impacts of the proposed action.
(c)
(1)
(2)
(A) the adopting operating administration certifies that the proposed action is substantially the same as the project considered in the document to be adopted;
(B) the other operating administration concurs with such decision; and
(C) such actions are consistent with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(3)
(A) the incorporated material is cited in the environmental assessment or final environmental impact statement and the contents of the incorporated material are briefly described;
(B) the incorporated material is reasonably available for inspection by potentially interested persons within the time allowed for review and comment; and
(C) the incorporated material does not include proprietary data that is not available for review and comment.
References in Text
The National Environmental Policy Act of 1969, referred to in subsecs. (a) and (c)(2)(C), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Effective Date
Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.