N.Y. Comp. Codes R. & Regs. tit. 6 § 617.15

Current through Register Vol. 46, No. 51, December 18, 2024

Section 617.15 - Actions involving a federal agency

(a) When a draft and final EIS for an action has been duly prepared under the National Environmental Policy Act of 1969, an agency has no obligation to prepare an additional EIS under this Part, provided that the Federal EIS is sufficient to make findings under section 617.11 of this Part. However, except in the case of Type II actions listed in section 617.5 of this Part, no involved agency may undertake, fund or approve the action until the Federal final EIS has been completed and the involved agency has made the findings prescribed in section 617.11 of this Part.

(b) Where a finding of no significant impact (FNSI) or other written threshold determination that the action will not require a Federal impact statement has been prepared under the National Environmental Policy Act of 1969, the determination will not automatically constitute compliance with SEQR. In such cases, state and local agencies remain responsible for compliance with SEQR.

(c) In the case of an action involving a Federal agency for which either a Federal FNSI or a Federal draft and final EIS has been prepared, except where otherwise required by law, a final decision by a Federal agency will not be controlling on any state or local agency decision on the action, but may be considered by the agency.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 617.15

Amended New York State Register July 18, 2018/Volume XL, Issue 29, eff.1/1/2019