Summary of the National Environmental Policy Act and Implementing Regulations - Environmental Impact Analysis: Process and Methods - page 41

NEPA is described in CEQ Regulations §1505. The conclusion of the process
is an agency's ROD and includes:

r A concise, simple, and clear statement of the agency's decision.
Frequently the supporting NEPA document (e.g., EIS) is referenced
for a more detailed discussion.
r A brief summary of alternatives considered and identification of the
most environmentally preferable alternative and why.
r Factors affecting the selection of a proposed action over other the
alternatives, including the rationale for rejecting the environmen-
tally preferred alternative if it was not chosen as the proposed action.
Factors discussed in making the decision should include economic
considerations, technical implementability, agency statutory and
mission goals, and consideration of national policy.
r How the above factors were balanced and entered into the agency's
decision.
r A listing of all practicable means to mitigate the impacts of the pro-
posed action identified during the NEPA process. A statement of
commitment to implement these measures, or if not, why they will
not be implemented.

CEQ Regulations also include a discussion on implementing the decision
(§1505.3). The regulations make provisions for monitoring after implement-
ing the decision, but monitoring is not required, which may be considered
a shortcoming of NEPA and other environmental analysis legislation and
regulations. NEPA concludes with the issuance of the ROD and does not
apply during implementation of the proposed action (except for adherence
to commitments made in the ROD), which could also be considered a NEPA
shortcoming. However, other environmental requirements, approvals, and
procedures come into play during implementation and can provide signifi-
cant environmental protection (see Chapter 9).
CEQ requirements for making decisions are consistent with the overarch-
ing goal of NEPA and other CEQ Regulations with respect to transparency
and “daylighting.” The ROD must be made public and clearly explain the
process; if it does not, it is in violation and subject to litigation. There is also
an explicit requirement to make public the results of any postimplementa-
tion monitoring so that the historic record of NEPA effectiveness can con-
tinually be updated and hopefully improved.

2.3.6 Frequently Asked NEPA Questions

Following issuance of the CEQ Regulations, a series of public meetings
were held to explain and discuss the regulations. During the meetings
and as follow-up there were a number of frequently repeated inquiries and