(a) The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C.
4321 et seq.) directs that, ``to the fullest extent possible, * * * the
policies, regulations and public laws of the United States shall be
interpreted and administered in accordance with the policies set forth''
in the Act for the preservation of the environment. As a means for
achieving this objective, Executive Order 11991 of May 24, 1977
(amending E.O. 11514 of March 5, 1970) directed the Council on
Environmental Quality (CEQ) to issue uniform regulations for
implementation of NEPA by all Federal agencies. These regulations were
published in final form on November 29, 1978 (43 FR 55978) as 40 CFR
parts 1500-1508. The CEQ's NEPA regulations require that each Federal
agency adopt implementing procedures to supplement their regulations (40
CFR 1507.3). Accordingly, the purpose of this part is to prescribe
procedures to be followed by Department of Labor agencies when such
agencies are contemplating actions which may be subject to the
requirements of NEPA. These regulations do not replace 40 CFR parts
1500-1508; rather they are to be read together with, and as a supplement
to, the CEQ's regulations.
(b) It is the responsibility of each agency to comply with the
policies set forth in NEPA to the fullest extent possible and consistent
with its statutory authority. Each agency shall comply with all
applicable requirements of this part except where compliance would be
inconsistent with other statutory requirements. However, no trivial
violation of, or noncompliance with, these procedures shall give rise to
an independent cause of action (cf. 40 CFR 1500.3 and 1507.3(b)).