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Title: Section 97.15 - Actions involving a Federal agency

97.15 Actions involving a Federal agency.

(a) When a draft and final EIS for an action have been prepared under the National Environmental Policy Act of 1869, the department shall have no obligation to prepare an additional EIS under this Part. However, except in the case of excluded or exempt actions, the department may not undertake or approve the action until the Federal final EIS has been completed and the agency has made the findings prescribed in section 97.10 of this Part and 6 NYCRR 617.9.

(b) Where a negative declaration 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 shall not constitute compliance with SEQR. In such cases, the department retains its responsibilities for compliance with SEQR.

(c) In the case of an action involving a Federal agency for which either a Federal negative declaration or a Federal draft and final EIS has been prepared, except where otherwise required by law, a final decision by a Federal agency shall not be controlling on any State or local agency decision on the action.

(d) No SEQR findings are required for actions which are excluded or exempt from SEQR.


VOLUME A-2 (Title 10)