Current through September 30, 2024
Section 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):(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.