Regulations last checked for updates: Nov 24, 2024

Title 12 - Banks and Banking last revised: Nov 20, 2024
§ 408.5 - Ensuring environmental documents are actually considered in Agency decision-making.

Section 1505.1 of the NEPA Regulations contains requirements to ensure adequate consideration of environmental documents in agency decision-making. To implement these requirements, Eximbank officials will:

(a) Consider all relevant environmental documents in evaluating applications for Eximbank financing;

(b) Ensure that all relevant environmental documents, comments and responses accompany the application through Eximbank's review processes;

(c) Consider only those alternatives encompassed by the range of alternatives discussed in the relevant environmental documents when evaluating an application which is the subject of an EIS.

Eximbank actions Start of NEPA process Completion of NEPA process Key officials or offices required to consider environmental documents
Issuance of Preliminary Commitment (P.C.)When application is receivedWhen the Board of Directors meets to consider application. The Board may notify applicant that environmental effects will be considered when final commitment is requested and request information on environmental mattersUnder § 408.4(b)(1)(i) and (ii), General Counsel to determine whether requested Eximbank financing is a major action and Engineer to determine whether proposed Transaction may significantly affect the quality of the human environment in the United States, its territories or possessions.
Issuance of Final CommitmentWhen application is receivedWhen the Board of Directors meets to consider application(If no P.C. has been issued, key offices will make determinations mentioned above.) Engineer to collect, prepare or arrange for preparation of all environmental documents.
authority: National Environmental Policy Act of 1969; 42 U.S.C. 4321
source: 44 FR 50811, Aug. 30, 1979, unless otherwise noted.
cite as: 12 CFR 408.5