26.0225 National Environmental Policy Act.

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A. Applicability. When a proposed project, use or activity is be subject both to the National Environmental Policy Act, as amended, 42 USC §§ 4321 – 4370, as amended by Public Law 94-52 and Public Law 94-83; and this section, the following shall occur;

B. The applicant shall notify the responsible federal agency and the Board of the situation.

C. The National Environmental Policy Act requires that a draft environmental assessment or environmental impact statement be prepared by the responsible federal agency. When the responsibility of preparing an environmental assessment or an environmental impact statement is delegated to a territorial agency, the Board shall cooperate with relevant agencies to the fullest extent possible to reduce duplication between the federal and territorial requirements. This cooperation shall include, where appropriate, a joint environmental impact statement or environmental assessment, with concurrent public review and processing at both levels of government, so that one document shall comply with all applicable laws.

History: Rule 8-80 (Ex. Ord. 03-80); ASCMP Reg. (Ex. Ord. 07-88); Rule 2-97, eff 4 Aug 97.