§ 401.51 - Scope.

(a) Purpose. The National Environmental Policy Act of 1969 implemented by Executive Order 11514, mandates that all Federal agencies, to the fullest extent possible, direct their policies, plans and programs so as to meet national environmental goals. Section 105 of the Act provides that “The policies and goals set forth in this Act are supplementary to those set forth in existing authorizations of Federal agencies.” Section 102(2)(C) of the Act and the Council on Environmental Quality's Guidelines of April 23, 1971, (36 FR 7724) require that all Federal agencies prepare environmental statements on all major Federal actions significantly affecting the quality of the human environment. The objective of the Act is to build into the agency decision-making process, beginning at the earliest possible point, an appropriate and careful consideration of the environmental aspects of proposed actions and to assist agencies in implementing the policies as well as the letter of the Act.

(b) Policy. The Delaware River Basin Commission will, in consultation with other appropriate Federal, State and local agencies and the public, assess the environmental impacts of any proposed action concurrent with initial technical and economic studies in order that adverse effects will be avoided, and environmental quality will be maintained, restored or enhanced, to the fullest extent practicable. In particular, alternative actions that will minimize adverse impacts will be explored and both the long and short-range implications to man, his physical and social surroundings, and to nature, will be evaluated in order to avoid, to the fullest extent practicable, undesirable consequences as they relate to the quality of the human environment. This assessment shall take place as early as possible and in all cases prior to any decision that may significantly affect the environment and, where required, a draft environmental impact statement will be prepared and circulated in accordance with the regulations in this part.

(c) Definitions. Action is a resolution by the Commission approving, disapproving, modifying or otherwise disposing of a project, program, legislation or any part thereof.

Applicant is proposed action's sponsor, including the Commission when it sponsors an action.

Environment for the purposes of the regulations in this part is the major natural, man-made or affected environment as implied by the National Environmental Policy Act of 1969.

Environmental assessment is an analysis by the Commission prior to the preparation of an environmental impact statement, of an applicant's environmental report or of a Commission-sponsored action to determine whether the action proposed will have a significant effect involving the quality of the human environment.

Environmental impact statement is a document prepared by the Commission which identifies and analyzes in detail the environmental impacts of a major action by the Commission having significant effects involving the quality of the human environment.

Environmental report is a document to be submitted by applicants proposing an action which requires an environmental assessment.

Negative declaration is a determination by the Executive Director, based upon an environmental assessment, that a proposed action will not require an environmental impact statement.

Notice of intent is an announcement to other Federal, State and local agencies and to the public that the Commission will be preparing an environmental impact statement for a given action.

Responsible official is the Executive Director or his designee of the Delaware River Basin Commission.

Significant effect is that degree of impact upon the quality of the human environment determined by the Commission or the Executive Director as sufficient to justify an environmental impact statement.