Compliance with NEPA. The Borrower has complied, with respect to the Project, with all applicable requirements of the National Environmental Policy Act of 1969 (42 U.S.C. § 4321 et seq.).
Compliance with NEPA. DOE shall have (i) issued an Environmental Impact Statement for the Project pursuant to NEPA, (ii) issued a Record of Decision with respect to the Project and (iii) received evidence of satisfaction of and compliance with all material additional environmental requirements specified in the Environmental Impact Statement (or referenced therein) and required to be complied with as of the Guarantee Issuance Date, and (iv) with respect to any environmental requirements specified in the Environmental Impact Statement (or referenced therein) and required to be complied with after the Guarantee Issuance Date, DOE is satisfied with the plan to comply with such requirements.
Compliance with NEPA. DOE shall have:
Compliance with NEPA. ... Section 15.1 Joint Effort; Lead Agency............................. Section 15.2 Costs.................................................
Compliance with NEPA. Addition of a new section 315 (which may be a misprint, should have said section 321?): Any FMP or regulation that is prepared in accordance with sections 303 and 304 of the MSA is considered to satisfy NEPA, specifically section 102(2)(C), which is the requirement that the federal government provide a detailed statement about the environmental impacts, alternatives, etc (the NEPA analysis). This change would essentially exempt fishery management actions from NEPA and make the MSA the primary Act with respect to promulgation of fishery management plans and regulations. The analytical requirements of MSA, in combination with other applicable laws, provide for ample treatment of environmental and other impacts. Would not adversely affect level of environmental analyses, but would significantly streamline process and review of fishery management actions, would reduce costs, and would likely reduce litigation avenues to challenge fishery management actions. May need to verify that this would in fact remove NEPA obligation, and would need to remove section 109-479 which was the previous (from 2006 reauthorization), and still uncompleted, attempt to reconcile NEPA and MSA Limitations on Future Catch Share Programs
Compliance with NEPA. The proposed action is categorically excluded from documentation in an environmental assessment or environmental impact statement. The proposed action is a kind of action that has been determined to fit within a category of actions which do not individually or cumulatively have significant effects on the human environment. The proposed action falls within the category of actions at 516 DM 11.9.E (12): Grants of right-of-way wholly within the boundaries of other compatibly developed rights-of-way. This categorical exclusion is appropriate in this situation because there are no extraordinary circumstances potentially having effects that may significantly affect the environment. The proposed action has been reviewed, and none of the extraordinary circumstances described in 43 CFR 46.215 apply, as described below:
Compliance with NEPA. The proposed action is categorically excluded from further documentation under the National Environmental Policy Act (NEPA) in accordance with 516 DM 11.9.E (12): Grants of right-of-way wholly within the boundaries of other compatibly developed rights-of-way. This categorical exclusion is appropriate in this situation because there are no extraordinary circumstances potentially having effects that may significantly affect the environment. The proposed action has been reviewed, and none of the extraordinary circumstances described in 43 CFR 46.215 apply, as shown in the following table: CX EXTRAORDINARY CIRCUMSTANCES DOCUMENTATION The proposed categorical exclusion action will: YES NO