(a) Adoption of a previous environmental finding. Previous
environmental findings issued by the EPA and other agencies may be
adopted in accordance with this section, provided that the finding
was produced through procedures in compliance with the NEPA. The executive
administrator must re-evaluate the proposed financial assistance application
as well as environmental conditions and public comment to determine
whether to conduct a supplemental environmental review of the action
and complete an appropriate document in compliance with the NEPA,
or to reaffirm the original finding.
(b) Previously required mitigation measures. Any and
all mitigation measures specified in the previous finding for the
applicable project components shall be applied as conditions of the
commitment and closing for financial assistance documents and shall
be consistent with the requirements of this subchapter.
(c) Method of adoption of a previous environmental
finding. The previous finding will be adopted through the issuance
of a Statement of Findings when the proposed project and its previous
finding will be adopted without substantial modifications. The previous
finding may also be adopted in a FONSI.
(d) Validity of previous environmental findings and
re-evaluation. An environmental finding shall be re-evaluated if it
was issued five years or more prior to the executive administrator's
environmental review and if:
(1) the proposed project has not yet been implemented;
(2) there has been substantial change in the proposed
infrastructure project that is relevant to environmental concerns;
and
(3) there are significant new circumstances or information
relevant to environmental impacts of the proposed action.
(e) Dissemination of information about mitigation measures.
The executive administrator may provide written notification describing
the outcome of the mitigation measures proposed in an environmental
finding to interested agencies and public groups.
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