|6.2 Decision Documents Record of Decision|
|Introduction | Categorical Exclusions | Record of Decision | FONSI | NEPA after the Decision Document|
When an EIS has been prepared, the ultimate choice of an alternative, mitigation measures, and the decision rationale are documented in an ROD.
Besides stating the decision, CEQ (1505.2) requires that an ROD include the following:
An average ROD should be 10 pages. It should give enough information on the alternatives and their impacts, the decision-maker's rationale in selecting the chosen alternative, and the extent of mitigation and monitoring the public can expect, so that the reader can understand these major issues without referring to the EIS.
The ROD or a summary of the ROD must be published in the Federal Register as well as in the local newspaper of record.
The signatory of RODs is the Regional Director. In
some circumstances, signing RODs is the responsibility of the Director
or Assistant Secretary for Fish, Wildlife, and Parks. Recent changes to
Departmental procedures regarding delegated and non-delegated EISs
are to be considered. Consult the EQD to determine the appropriate signatory
E. Wetlands and floodplains
If a preferred alternative proposes actions that would be located in or have adverse effects on a floodplain or wetland, a wetland/floodplain statement of findings must be combined with the draft and final EIS. When it has been signed by the Regional Director, the Statement of Findings is attached to the ROD as a separately identifiable document.
F. Compliance with section 106 of the National Historic Preservation Act
If the preferred alternative affects a historic property and thus requires consultation under section 106 of the National Historic Preservation Act, the information gathered as part of the section 106 review must be included in the EIS, and the section 106 process must be completed before an ROD can be signed. The ROD must include a statement on consultation under section 106. Revisions made to 36 CFR 800, June 17, 1999, further explain the integration of section 106 with NEPA requirements.
G. Section 7 of the Endangered Species Act
All consultation requirements defined under section 7 of the Endangered Species Act must be completed before an ROD can be signed.
From the facts presented in the analysis in the
environmental impact statement and summarized in the ROD, the ROD must
indicate that after a review of the impacts that the alternative to be
selected for implementation will not impair park resources or values and
will not violate the NPS Organic Act.