Code of Federal Regulations - Title 43: Public Lands: Interior (December 2005)
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TITLE 43 - PUBLIC LANDS: INTERIOR
SUBTITLE B - REGULATIONS RELATING TO PUBLIC LANDS
CHAPTER III - UTAH RECLAMATION MITIGATION AND CONSERVATION COMMISSION
SUBCHAPTER I - TECHNICAL SERVICES (9000)
PART 10010 - POLICIES AND PROCEDURES FOR IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY ACT
subpart d - ENVIRONMENTAL IMPACT STATEMENTS
10010.30 - Alternatives including the proposed action.
(a) As a general rule, the following guidance will apply: (1) For internally initiated proposals; i.e., for those cases where the Commission conducts or controls the planning process, both the draft and final EIS shall identify the Commission's proposed action, or preferred alternative.
(2) For externally initiated proposals; i.e., for those cases where the Commission is reacting to an application or similar request, the draft and final EIS shall identify the applicant's proposed action and the Commission's preferred alternative unless another law prohibits such an expression.
(3) Proposed departures from this guidance must be approved by the Executive Director and the Office of the Solicitor.
(b) Mitigation measures to offset adverse effects of the proposed action or its alternatives are not necessarily independent of these actions and should be incorporated into and analyzed as a part of the proposal and appropriate alternatives. Where appropriate, major mitigation measures may be identified and analyzed as separate alternatives in and of themselves where the environmental consequences are distinct and significant enough to warrant separate evaluation.
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