(1) At the time of its decision concerning a proposed action for which an
EIS was prepared, the agency shall prepare a concise public record of decision.
The record, which may be integrated into any other documentation of the
decision that is prepared by the agency, is a public notice of what the
decision is, the reasons for the decision, and any special conditions
surrounding the decision or its implementation.
(2) The agency may include in the final EIS, in addition to a statement of
its proposed decision, preferred alternative, or recommendation on the proposed
action, the other items required by (1) , and additional explanation as provided
for in (3) below. If the final decision and the reasons for that final decision
are the same as set forth in the final EIS, the agency may comply with (1) by
preparing a public notice of what the decision is and adopting by reference the
information contained in the final EIS that addresses the items required by
(1) . If the final decision or any of the items required by (1) are different
from what was presented in the final EIS, the agency is responsible for preparing
a separate record of decision.
(3) There is no prescribed format for a record of decision, except that it
must include the items listed in (1) . The record may include the following
items as appropriate:
(a) brief description of the context of the decision;
(b) the alternatives considered;
(c) advantages and disadvantages of the alternatives;
(d) the alternative or alternatives considered environmentally preferable;
(e) short and long-term effects of the decision;
(f) policy considerations that were balanced and considered in making the
(g) whether all practical means to avoid or minimize environmental harm were
adopted, and if not, why not; and
(h) a summary of implementation plans, including monitoring and enforcement
procedures for mitigation, if any.
(4) This rule does not define or affect the statutory decisionmaking
authority of the agency.