Section 489.04. Conformity analysis.

  Any federal department, agency, or instrumentality of the federal government taking an action subject to 40 CFR part 51 subpart W, as in effect on July 1, 1998, and this chapter shall make its own conformity determination consistent with the requirements of this chapter. In making its conformity determination, a federal agency shall consider comments from any interested parties. Where multiple federal agencies have jurisdiction for various aspects of a project, a federal agency may choose to adopt the analysis of another federal agency, to the extent the proposed action and impacts analyzed are the same as the project for which a conformity determination is required, or develop its own analysis in order to make its conformity determination.

History: Cr. Register, September, 1995, No. 477 , eff. 10-1-95 ; am. Register, November, 1999, No. 527 , eff. 12-1-99.