legal · go-v.org

Limitations on actions during the NEPA process.

CFR · 2024-01-01 · US · Title 7

(a) (b) (c) (1) In cases where construction commenced within 6 months prior to the date of application, the Agency will determine and document whether the applicant initiated construction to avoid environmental compliance requirements. If any evidence to that effect exists, the Agency may deny the request for financial assistance. (2) If there is no evidence that an applicant is attempting to avoid environmental compliance requirements, the application is subject to the following additional requirements: (i) The Agency will promptly provide written notice to the applicant that the applicant must halt construction if it is ongoing and fulfill all environmental compliance responsibilities before the requested financing will be provided; (ii) The applicant must take immediate steps to identify any environmental resources affected by the construction and protect the affected resources; and (iii) With assistance from the applicant and to the extent practicable, the Agency will determine whether environmental resources have been adversely affected by any construction and this information will be included in the environmental document. (d)

official document · source cfr-2024 · id 7:§ 1970.12