CFR Part 51-7
PART 51-7—PROCEDURES FOR ENVIRONMENTAL ANALYSIS
§ 51-7.1 Purpose and scope.
§ 51-7.2 Early involvement in private, State,
and local activities requiring Federal approval.
§ 51-7.3 Ensuring environmental documents are
actually considered in agency determinations.
§ 51-7.4 Typical classes of action.
§ 51-7.5 Environmental information.
§ 51-7.1 Purpose and scope.
(a) Purpose. This part implements the National Environmental Policy
Act of 1969 (NEPA) and provides for the implementation of those
provisions identified in 40 CFR 1507.3(b) of the regulations issued
by the Council on Environmental Quality (CEQ) (40 CFR parts 1500-1508)
published pursuant to NEPA.
(b) Scope. This part applies to all actions of the Committee for
Purchase from Persons who are Blind or Severely Disabled which may
affect environmental quality in the United States.
§ 51-7.2 Early involvement in private,
State, and local activities requiring Federal approval.
(a) 40 CFR 1501.2(d) requires agencies to provide for early involvement
in actions which, while planned by private applicants or other non-Federal
entities, require some sort of Federal approval. Pursuant to the
JWOD Act (41 U.S.C. 46-48c), the Committee for Purchase From People
Who Are Blind or Severely Disabled makes the determination as to
which qualified nonprofit agency serving persons who are blind or
have other severe disabilities will furnish designated products
and services to the Government.
(b) To implement the requirements of 40 CFR 1501.2(d) with respect
to these actions, the Committee staff shall consult as required
with other appropriate parties to initiate and coordinate the necessary
environmental analysis. The Executive Director shall determine on
the basis of information submitted by private agencies and other
non-Federal entities or generated by the Committee whether the proposed
action is one that normally does not require an environmental assessment
or environmental impact statement (EIS) as set forth in § 51-7.4,
or is one that requires an environmental assessment as set forth
in 40 CFR 1501.4.
(c) To facilitate compliance with these requirements, private
agencies and other non-Federal entities are expected to:
(1) Contact the Committee staff as early as possible in the planning
process for guidance on the scope and level of environmental information
required to be submitted in support of their request;
(2) Conduct any studies which are deemed necessary and appropriate
by the Committee to determine the impact of the proposed action
on the human environment;
(3) Consult with appropriate Federal, regional, State and local
agencies and other potentially interested parties during preliminary
planning stages to ensure that all environmental factors are identified;
(4) Submit applications for all Federal, regional, State and local
approvals as early as possible in the planning process;
(5) Notify the Committee as early as possible of all other Federal,
regional, State, local and Indian tribe actions required for project
completion so that the Committee may coordinate all Federal environmental
reviews; and
(6) Notify the Committee of all known parties potentially affected
by or interested in the proposed action.
§ 51-7.3 Ensuring environmental documents
are actually considered in agency determinations.
(a) 40 CFR 1505.1 of the NEPA regulations contains requirements
to ensure adequate consideration of environmental documents in agency
decision-making. To implement these requirements, the Committee
staff shall:
(1) Consider all relevant environmental documents in evaluating
proposals for agency action;
(2) Ensure that all relevant environmental documents, comments and
responses accompany the proposal through the agency review processes;
(3) Consider only those alternatives discussed in the relevant environmental
documents when evaluating proposals for agency action; and
(4) Where an EIS has been prepared, consider the specific alternative
analysis in the EIS when evaluating the proposal which is the subject
of the EIS.
(b) For each of the Committee's actions authorized by the JWOD
Act, the following list identifies the point at which the NEPA process
begins, the point at which it ends, and the key agency official
or office required to consider the relevant environmental documents
as a part of their decision-making:
(1) Action: Request.
(2) Start of NEPA process: Upon receipt of request.
(3) Completion of NEPA process: When the deciding official reviews
the proposal and makes a determination. (4) Key official or office
required to consider environmental document: When a positive determination
is made under § 51-7.2(b), the applicant in conjunction with the
Committee staff will prepare the necessary papers.
§ 51-7.4 Typical classes of action.
(a) 40 CFR 1507.3(b)(2) in conjunction with 40 CFR 1508.4 requires
agencies to establish three typical classes of action for similar
treatment under NEPA. These typical classes of action are set forth
below:
(1) Actions normally requiring EIS: None.
(2) Actions normally requiring assessments but not necessarily EISs:
Requests for actions for which determinations under § 51-7.2(b)
are found to be affirmative.
(3) Actions normally not requiring assessments or EISs: Request
for actions by nonprofit agencies through the central nonprofit
agencies to add a commodity or service to the Committee's Procurement
List.
(b) The Committee shall independently determine, by referring
to 40 CFR 1508.27, whether an EIS or an environmental assessment
is required where:
(1) A proposal for agency action is not covered by one of the typical
classes of action above; or
(2) For actions which are covered, but where the presence of extraordinary
circumstances indicates that some other level of environmental review
may be appropriate.
§ 51-7.5 Environmental information.
Interested parties may contact the Executive Director at (703)
603-7740 for information regarding the Committee's compliance with
NEPA.
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