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 Secs. 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]