Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 18 - Conservation of Power and Water Resources |
Chapter XIII - Tennessee Valley Authority |
Part 1318 - Implementation of the National Environmental Policy Act of 1969 |
Subpart E - Environmental Impact Statements |
§ 1318.405 - Agency decision.
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§ 1318.405 Agency decision.
(a) TVA shall not make a decision regarding a proposed action for which an EIS has been issued until 30 days after a notice of availability of the FEIS has been published in the Federal Register or 90 days after a notice of availability of the DEIS has been published in the Federal Register, whichever is later.
(b) After release of the FEIS and after TVA makes a decision about the proposed action, a ROD must be prepared by the NEPA compliance staff, in consultation with TVA legal counsel and the initiating TVA entity (see 40 CFR 1505.2). The ROD will normally include the items in the following paragraphs (b)(1) through (6):
(1) The decision;
(2) The basis for the decision and preferences among alternatives;
(3) The alternative(s) considered to be environmentally preferable;
(4) A summary of important environmental impacts;
(5) The monitoring, reporting, and administrative arrangements that have been made; and
(6) The measures that would mitigate or minimize adverse environmental impacts to which TVA commits to implement (see 40 CFR 1505.2(c)).
(c) A ROD will be made available to the public.
(d) Until a ROD is made available to the public, no action should be taken to implement an alternative that would have adverse environmental impacts or limit the choice of reasonable alternatives.