dissenting:

I respectfully dissent from the portion of the opinion that concludes that the 1002 report is a “study process” within the meaning of 40 C.F.R. § 1506.8 (b)(2)(ii) (1985).

The majority decides that the Secretary must prepare a draft LEIS, request comments, and respond to the comments in its final LEIS in order to comply with NEPA. See 40 C.F.R. §§ 1503.1-1503.4 (1985). This is a considerable gloss on the language of NEPA, which asks only for “a detailed statement by the responsible official” describing the environmental impact. 42 U.S.C. § 4332 (2)(C). The only authority for the gloss is the CEQ regulations. The chairman of the CEQ, however, has determined that only one LEIS is necessary under section 1002(h). 1 Excerpt of Record at 48. Because the chairman of the CEQ is an officer charged with administering the regulation, his interpretation of the regulation has “controlling weight.” Udall v. Tallman, 380 U.S. 1, 16 , 85 S.Ct. 792, 801 , 13 L.Ed.2d 616 (1965); Buschmann v. Schweiker, 676 F.2d 352, 355 (9th Cir.1982). No additional basis for the chairman’s interpretative authority is necessary, contrary to the majority’s intimations in footnote 10.

Even without the chairman’s guidance, I would be reluctant to conclude that the 1002 report is a study process. The language of section 1002(h), augmented by the pertinent legislative history, is too slight a skeleton to bear the weight of the procedures that the majority imposes. The regulation gives two examples of statutes that require a study process. One explicitly provides for public participation. 16 U.S.C. § 1132 (d). The other explicitly mentions “studies” and provides for participation by the heads of other federal agencies and state governors. 16 U.S.C. § 1275 . The statute at issue here briefly outlines the contents of the required report and names no participant except the Secretary. 16 U.S.C. § 3142 (h). Despite the generous length of time that the statute gives the Secretary to complete his report, I do not find that Congress here describes a study process.