POLICY AND PROCEDURES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT STATEMENTS FOR EPA ACTIVITIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00244R000100190047-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 24
• Document Creation Date: December 9, 2016
• Document Release Date: May 18, 1999
• Sequence Number: 47
• Publication Date: November 11, 1971
• Content Type: REGULATION

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Part I NOV 1 1 1971
I?OLICY AND PROCEDURES
IOR THE PREPARATION OF
ENVIRONMENTAL IMPACT STATEMENTS FOR EPA ACTIVITIES
1. PURPOSE. These guidelines establish Environmental Protection
Agency policy and procedures for the identification and analysis
of the environmental impact of Agency actions, and the preparation and
processing of environmental impact statements where significant
effects on the environment occur.
2. POLICY OBJECTIVE. The National Environmental Policy Act of
1969, implemented by Executive Order 11514 and the Council on
Environmental Quality's (CEQ) Guidelines of April 23, 1971, requires
that all agencies of the Federal Government prepare detailed environ-
mental statements on proposals for legislation and other major
Federal actions significantly affecting the quality of the human
environment. The objective of the Agency in fulfilling this requirement
is to build into the Agency decision-making process an appropriate and
careful consideration of all environmental aspects of proposed actions.
3. DEFINITIONS.
a. Environmental Assessment. A formal evaluation process
to determine whether a proposed Agency action is expected to have
a significant impact on the environment.
b. Notice of Intent. A memorandum announcing to Federal,
State, and local agencies, and to interested public organizations and
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individuals, that a draft environmental impact statement will be
prepared and processed.
c. Environmental Impact Statement. A report which identifies and
analyzes in detail the significant environmental impacts of an
Agency action.
d. Negative Declaration. A written announcement which indicates
there will be no significant effect upon the quality of the human
environment if the proposed Agency action is undertaken.
e. Environmental Impact Appraisal. An abbreviated document,
based on an environmental assessment and supporting a negative
declaration, which describes a proposed Agency action, its expected
environmental impact, and the basis for the conclusion that no
significant impact is anticipated.
f. Responsible Official. The individual responsible for conducting
assessments and, if necessary, for the preparation of an environmental
impact statement and other associated documents.
4. SUMMARY OF THE ENVIRONMENTAL IMPACT STATEMENT PROCESS.
a. Environmental Assessment. An environmental assessment shall
be made of activities and proposed or recommended actions of the
Environmental Protection Agency. This process shall consist of a
thorough study of the program or project, identifying and evaluating
the expected and potential environmental impacts of the action. This
process will determine whether or not a significant impact is anti-
cipated.
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b. Notice of Intent and Impact Statements. Where the environmental
assessment process does indicate a significant environmental impact,
a notice of intent shall be published, and a draft environmental impact
statement shall be prepared and distributed. After external coordination
and evaluation of the comments received, a final environmental impact
statement shall be prepared and distributed. To the maximum extent
practicable, no administrative action shall be taken with respect to
any activity with significant impact until 90 days after release of a
draft statement and 30 days after release of a final statement.
c. Negative Declaration and Environmental Impact Appraisal. Where
the environmental assessment process does not indicate a significant impact,
a negative declaration to this effect shall be issued. An environmental
impact appraisal, which summarizes this decision and the reasons there-
fore, shall remain permanently with Agency records and shall be
available for public inspection.
5. APPLICABILITY.
a. Actions Covered. These guidelines apply to all Agency annual
budget authorization requests, legislative proposals, direct Agency
activities, and activities of others supported directly or indirectly
by the Agency, except as noted below.
b. Actions Excluded. The following actions are not subject to the
requirements of these guidelines:
(1) Environmentally protective regulatory activities.
(2) Administrative procurements (e.g., general supplies).
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(3) Contracts for personal services.
(4) Normal personnel actions.
(5) Legislative proposals not originating in the Agency and
not relating to or affecting the matters within its primary areas
of responsibility.
c. Retroactive Application. These guidelines shall apply to in-
completed and continuing Agency actions initiated prior to the
promulgation of these guidelines. Where substantial funds have not
been released and modifications of or alternatives to the Agency action
are still available, an environmental impact statement shall be
prepared for each project found to have significant environmental
consequences.
d? Application to Legislative Proposals. Environmental impact
statements shall be prepared for recommendations or favorable reports
relating to legislation, including appropriations. Except as noted
in Paragraph 5b(5), these shall include Agency recommendations on its
legislative proposals and Agency reports on legislation proposed by
other agencies. Because of the nature of the legislative process,
however, impact statements for legislation must be prepared and reviewed
with the procedures followed in the development and review of the legisla-
tive matter. These procedures are described in Office of Management and
Budget Circular No. A-19; separate procedures, therefore, have not been
provided in these guidelines. Where appropriate, legislative statements
will contain the information required in Section 9 of these guidelines.
e. Application to Annual Budget Estimates. An annual
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listing of those Agency actions which will require the preparation of
environmental impact statements shall be compiled each year as specified
in Office of Management and Budget Bulletin No. 72-6. Agency com-
ponents shall submit with their budget estimates a listing of those
projects for which they expect to prepare impact statements. Ap-
plicable portions of Section 7 and 8 o these guidelines shall be
utilized to assess the projects to determine if they will have a
significant impact.
6. GENERAL RESPONSIBILITIES.
a. Responsible Official.
(1) Conducts environmental assessments and determines
where significant environmental effects are expected to occur.
(2) Where significant effects occur, prepares and distributes
draft statements, coordinates their internal and external review, and
prepares and distributes final statements.
(3) Where no significant effects occur, prepares and pro-
cesses negative declarations and environmental appraisals.
(4) On projects which embody a high degree of national
controversy or significance or "pioneer" Agency policy, consults
with:
(a) the Office of Federal Activities if the "responsible
official" is a Regional Administrator, or
(b) the appropriate Assistant Administrator if the
"responsible official" is other than a Regional Administrator.
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b. Office of Federal Activities.
(1) Provides Agencywide policy guidance and assures that
Agency components establish and maintain adequate administrative
procedures to comply with these guidelines.
(2) Monitors the overall timeliness and quality of the Agency
effort to comply with these guidelines.
(3) Provides assistance to "responsible officials" as required.
(4) Coordinates the training of personnel involved in the
review and preparation of impact statements.
(5) Acts as Agency liaison with the Council on Environmental
Quality and other Federal and State entities on matters of Agency
policy and administrative mechanisms to facilitate external review of
Agency statements.
(6) Advises the Administrator and Deputy Administrator on
projects or activities which embody a high degree of national controversy
or significance, "pioneer" Agency policy, or involve more than one
Agency component.
c. Office of Public Affairs.
(1) Advises the "responsible official" on matters pertaining
to negative declarations, notices of intent, press releases, and other
public notification procedures.
(2) Assists the public by answering queries on the impact
statement process and on specific impact statements, and by filling requests
for copies of specific documents.
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(3) Analyzes the present procedures for public participation,
and develops and recommends to the Office of Federal Activities a
program to improve those procedures and increase public participation.
d. Office of Congressional Affairs. Provides the necessary
liaison with Congress.
e. Offices of the Assistant Administrators.
(1) Provide specific policy guidance to their respective
program offices and assure that those offices establish and maintain
adequate administrative procedures to comply with these guidelines.
(2) Monitor the overall timeliness and quality of their
respective components' efforts to comply with these guidelines.
(3) Provide technical assistance to "responsible officials"
as required.
(4) Act. as liaison between their components and the Office
of Federal Activities and between their components and other Assistant
Administrators on matters of Agencywide policy and procedures.
(5) Advise the Administrator and Deputy Administrator,
through the Office of Federal Activities, on projects or activities
within their respective areas of responsibility which embody a high
degree of nationalcontroversy or significance, "pioneer" Agency policy,
or involve more than one Agency component.
f. Budget Operations Division, Office of Resources Management.
The Budget Operations Division, Office of Resources Management, pre-
pares from the submissions of Agency components a listing of those
Agency actions, covered by the budget estimates, which will require the
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preparation of environmental impact statements, as specified in
Office of Management and Budget Bulletin No. 72-6.
g. The Legislative Counsel. The Legislative Counsel coordinates
the preparation of impact statements required on legislative pro-
posals or reports on legislation.
7. GUIDELINES FOR DETERMINING WHEN TO PREPARE AN IMPACT STATEMENT.
The following general guidelines shall be used when assessing an Agency
action to determine if it will have a significant impact on the envir-
onment and therefore require an impact statement.
a. Significant Effect on the Environment.
(1) Although there is some latitude in defining "significant
effect" on the quality of the human environment, it is mandatory that
"significant effects" encompass both adverse and beneficial effects.
(2) Secondary effects which have fundamental environmental
implications (e.g., land use) shall be identified and considered fully.
Typically, these are not considered even though they overshadow more
obvious impacts (e.g., siltation during construction of waste treatment
facilities).
b. Individually Small but Cumulatively Large Actions. The total
expected environmental impact of precedent-setting actions and individually
small, but cumulatively large actions, shall be identified and
considered fully.
c. Controversial or Nationally Significant Actions. An environmental
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impact statement shall be prepared and processed where an Agency action
is likely to be highly controversial or nationally significant.
8. PROCEDURES FOR PREPARATION, DISTRIBUTION, AND REVIEW OF IMPACT
STATEMENTS AND ASSOCIATED DOCUMENTS.
a. Environmental Assessment. Proposed Agency actions shall be sub-
jected to the environmental assessment process. This process shall
consist of a thorough study of the proposed program or project which
identifies and evaluates the expected and potential environmental impacts
of the action and alternatives to it. It will determine whether a signi-
ficant impact is anticipated.
When making this determination, a general class of actions occurring within
a common time frame may be treated as a single action if their individual
environmental effects and alternatives are substantially similar.
Individual projects that may be highly controversial or are nationally
significant shall not be treated collectively.
In order to assist the "responsible official" in assessing the
proposed action, applicants for a grant or contract may be
required to submit with their original application an environmental
analysis or written assessment. Alternative sites or methods of con-
struction or project implementation should be evaluated so that alteration
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of the environment can be avoided. The applicant's analysis may be
utilized in the preparation of an impact statement or negative declara-
tion by providing primary data and research. It cannot, however,
substitute for Agency judgment. Responsibility for the reliability
of the applicant's figures and his consideration of impacts and
alternatives rests with the approving Agency office.
Applicants for grants or contracts shall submit an additional
environmental analysis or written assessment where new and un-
anticipated impacts are realized, or implementation of the proposal
or project does not significantly conform with the original
proposal.
b. Notices of Intent. When an environmental assessment indicates
a significant impact will occur, a notice of intent shall be prepared,
announcing that an impact statement will be prepared. The notice shall
briefly describe the Agency action, its location, and the issues
involved (see Exhibit 1). Preferably, such a notice should be pub-
lished immediately after completion of an environmental assessment that
indicates a significant impact.
The purpose of a notice of intent is to involve other government
agencies and interested, affected, or technically competent public
groups as early as possible in the planning and evaluation of Agency
actions which embody significant environmental impacts. This device
should facilitate coordination during the preparation of a draft
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impact statement and assure that environmental values will be identified
and weighed from the outset, rather than accommodated by adjustments
at the end of the decision-making process. In addition, notices of
intent will allow public groups who want copies of draft statements to get
them promptly, since notices can serve as a subscription device to
receive statements.
The specific actions that should be taken with respect to notices
of intent are as follows:
(1) When the assessment process indicates there will be a
significant impact, issue a notice of intent as soon as practicable.
(2) Forward copies to the appropriate State and local agencies
and to the appropriate State, regional, and metropolitan clearinghouses.
(3) Forward copies to environmental and conservation action
groups and other concerned or affected organizations or individuals
that have shown interest in such projects in the past.
(4) Forward copies to the Office of Federal Activities
and to the headquarters Office of Public Affairs.
(5) When the originating office is a Regional Office and the
action is related to waste water treatment, forward a copy to the
Planning and Interagency Programs Division, Office of Water Programs.
(6) When the originating office is not a Regional Office,
forward a copy to the Headquarters impact statement office in the program
office to which the originating office reports.
(7) Forward copies to the Office of Congressional Affairs for
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distribution to the pertinent congressional delegation. The pertinent
congressional delegation consists of the Congressmen in whose districts
the proposed project will occur and the U.S. Senators in whose States
the proposed project will occur.
(8) Publish in the local newspaper which has adequate
circulation to cover the area that will be affected by the project,
a brief news release (see Exhibit 2) informing the public that an impact
statement will be prepared on a particular project.
c. Draft Impact Statements. The "responsible official" for the
project shall prepare a draft environmental impact statement as soon
as practicable after the release of the notice of intent. The
draft statement shall be circulated to other offices within the Agency
with collateral interest in or technical expertise related to the action.
Afterwards, the draft statement shall be circulated to Federal, State,
and local agencies with special expertise or jurisdiction by law,
and to interested, affected, or expert segments of the general public.
If the responsible official determines that a public hearing on the
project is warranted, the hearing will be held after preparation of the
draft statement in accordance with the requirements of Section 10 of
these guidelines. Upon receipt of comments, a final environmental
impact statement shall be prepared.
Where a plan or program has been developed, and submitted to the
Agency for approval, the relationship between the plan and the subsequent
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projects encompassed by it shall be evaluated to determine the preferable
and most meaningful point in time for assessing impacts. Where
practicable, an environmental impact statement will be drafted for
the total program at the overall planning stage. Subsequently,
component projects included in the plan will not require individual
statements unless they deviate substantially from prior plans or
unless the plans do not provide sufficient detail to fully assess
significant impacts of individual projects. Plans shall be reevaluated
periodically to monitor the cumulative impact of the component projects
and to preclude the plans' obsolescence. In all cases, however,
component projects shall be subjected to the environmental assessment
process. In addition, component projects which are highly controversial
or nationally significant, notwithstanding their accord with overall
plans, shall be evaluated through environmental impact statements.
The specific actions that should be taken with respect to draft impact
statements are as follows:
(1) Before transmitting the draft statement to the
Council on Environmental Quality, the "responsible official" shall:
(a) When the originating office is a Regional Office
and the project is related to waste water treatment, notify by phone
the Office of Federal Activities and the Planning and Interagency Pro-
grams Division, Office of Water Programs, that the draft impact
statement has been prepared.
(b) When the originating office is not a Regional Office,
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notify by phone Lhe Ofli.ce of Federal Activities and the headquarters
impact statement office in the program office to which the originating
office reports.
(c) At the same time, send two (2) copies to each of
the appropriate offices above.
(d) If neither of the appropriate offices requests any changes
within a ten (10) day period after notification, the "responsible
official" shall proceed with the steps below.
(2) Inform the headquarters Office of Public Affairs of the
date of release and the regional plans for local press release.
(3) Notify the EPA Office of Congressional Affairs so
they will be able to answer any queries from Congress on the matter.
(4) Send ten (10) copies of the draft environmental impact
statement to the Council on Environmental Quality.
(5) Provide copies of the draft statement to the Office
of Congressional Affairs for distribution to the members of the
pertinent congressional delegation.
(6) Provide the headquarters Office of Public Affairs with
sufficient copies to meet the anticipated initial public demand.
(7) Forward two (2) copies to the appropriate field
offices of reviewing Federal agencies that have special expertise
or jurisdiction by law with respect to any impacts involved (the field
offices are expected to reply directly to the originating EPA office).
The Council on Environmental Quality Guidelines (Section 7 and
Appendices II - III thereof) specify those agencies to which
draft statements will be sent for official review and comment.
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Commenting agencies shall have at least thirty (30) clays to reply;
afterwards, it shall be presumed that, unless a time extension
has been requested, the agency has no comment to make. EPA will grant
extensions where practical, not to exceed fifteen (15) days..
(7) Send copies of the draft statement to the appropriate
State and local agencies and to the appropriate State and metropolitan
clearinghouses. The time limits for review and comment shall be the
same as those available to Federal agencies.
(8) Send copies of the draft statement to interested
environmental and conservation action groups. Organizations solicited
shall have thirty (30) days for reply, after which it may be presumed,
unless the organization requests a specified extension of time, that
the organization has no comment to make. The Agency will endeavor to
comoly with requests for extension of time, not to exceed 15 days.
(9) Place a news release (see Exhibit 2) in the local newspaper
that the draft statement is being released and where copies may be
obtained.
(10) Send two (2) copies of the summary sheet to the Office
of Management and Budget, Organization and Management Systems Division.
d. Final Impact Statements. Final statements shall consider fully
the suggestions, criticisms, and comments raised through the review
process for possible modification of the final action. In all cases,
final statements shall specifically address the comments and criticisms
raised, particularly where the Agency position is at variance with
issues surfaced or recommendations provided.
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Notification and. distribution will be as specified for draft statements,
except that in the case of Federal and State agencies and environmental
and conservation action groups, only those who responded to the draft
statement will be sent a copy.
e. Negative Declaration and Environmental Impact Appraisal. Where
an environmental assessment indicates no significant impact, a
negative declaration shall be issued (see Exhibit 3). Concurrently,
an environmental impact appraisal (see Exhibit 4) shall be prepared,
which supports the assessment, describes the proposed activity and its
impact, and documents the reasons for concluding that there will be no
significant impact. This appraisal shall remain with internal records
for the activity or action, and shall be available for public inspection.
The specific actions that should be taken with respect to negative
declarations and environmental impact appraisals are as follows:
(1) Negative Declarations.
(a) When the assessment process indicates that there will
not be any significant impact, issue a negative declaration as soon as
practicable.
(b) The negative declaration shall be distributed in the
same fashion as the notice of intent, except that copies shall be sent
only when practicable to environmental and conservation action groups
and other concerned or af7ected organizations or individuals that have
shown an interest in such projects in the past.
(c) Where practicable, publish a brief news release
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(see Exhibit 2) in the local newspaper informing the public that an
impact statement will not be prepared on a particular project.
2. Environmental Impact Appraisal.
(a) Have the appraisal available when the negative declaration
is released.
(b) Forward a copy to the headquarters impact statement office
in the program office to which the originating office reports.
(c) Have copies on file in the originating office for public
inspection upon request.
9. CONTENT OF ENVIRONMENTAL IMPACT STATEMENTS.
a. Cover Sheet. The cover sheet shall indicate the type of state-
ment (draft or final), the official project name, the responsible
Agency office, the date, and the signature of the responsible official.
The format is shown in Exhibit 5.
b. Summary Sheet. The summary sheet shall conform to the format
prescribed in Appendix I of the April 23, 1971] Council on Environmental
Quality Guidelines. The format is shown in Exhibit 6.
c. Body of Statement. The body of the impact statement shall contain
eight sections. Each shall identify, develop, and analyze the pertinent
issues and the pros and cons of alternative courses of action. Impact
statements shall not be merely justification documents for proposed Agency
funding or actions. Rather, they shall be objective evaluations of actions
and their alternatives in light of all environmental considerations.
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Environmental impact statements shall be prepared using a systematic,
interdisciplinary approach. Statements shall incorporate all relevant
analytical disciplines and shall provide meaningful, factual data,
information, and analyses. The presentation should be simple and
concise, yet include all facts necessary to permit independent evaluation
and appraisal of the beneficial and adverse environmental effects
of alternative actions. Statements shall not be drafted in a style
which requires extensive scientific or technical expertise to com-
prehend and evaluate the environmental impact of an Agency action.
(1) Description of the Proposed Action. Describe the recommended
or proposed action, its purpose, where it is located, its time setting,
and its interrelationship with other projects or proposals, To
prevent piecemeal decision-making, the project shall be described
in as broad a context as possible. The relationship to other projects
and proposals shall be discussed, including not only other Agency
activities, but also those of other governmental and private organ-
izations and prevailing trends in the project area. Maps, photos,
and artist sketches should be incorporated where they help depict the
environmental setting. If not enclosed, supporting references and
documents should be identified.
(2) Environmental Impact of the Proposed Action. Describe the
primary and secondary environmental impacts, both beneficial and adverse,
anticipated from the action. The scope of the description shall
include both short and long-term impacts. It shall include specifics
of the area, the resources involved, physical changes, alterations to
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ecological systems, induced changes in human use of land and other
natural goods, and the time frames in which these impacts are anti-
cipated.
Remedial, protective, and mitigation measures which will be taken
as part of the proposed action shall be identified. These measures to
prevent, eliminate, reduce, or compensate for any environmentally
detrimental aspects of the proposed action shall include those of the
Agency and others, e.g., its contractors and grantees. Adverse impacts
which cannot be substantially avoided will be considered in greater
detail in the next section.
(3) Adverse Impacts Which Cannot Be Avoided Should The
Proposal be Implemented. Describe the kinds and magnitudes of adverse
impacts which cannot be reduced in severity or which can be reduced
to an acceptable level but not eliminated. For those which cannot be
reduced, their implications and the reasons why the action is being
proposed, notwithstanding their effect, shall be described in detail.
Where abatement measures can reduce adverse impacts to acceptable
levels, the basis for considering these levels adequate and the effective-
ness and costs of the abatement measures shall be specified. In par-
ticular, this analysis shall detail the aesthetically or culturally
valuable surroundings, human health, standards of living, or environmental
goals set forth in Section 101(b) of National Environmental Policy Act
which would be sacrificed. Also, it shall describe the parties affected
and any objection raised by them.
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(4) Alternatives to the Proposed Action. Develop, describe,
and weigh objectively alternatives to any proposed action which involve
significant tradeoffs among the uses of available environmental resources.
The analysis shall be structured in a manner which allows comparisons
of: (1) environmental and financial cost differences among equally
effective alternatives, or (2) differences in effectiveness among
equally costly alternatives. Where practicable, benefits and costs
should be quantified or else described qualitatively in a way which
will aid in a more objective judgment of their value. Where such an
analysis is prepared, it shall be appended to the statement. The
analysis of different courses of action shall include alternatives
capable of substantially reducing or eliminating any adverse impacts,
even at the expense of reduced project objectives. The specific alterna-
tive of taking no action always must be evaluated. Also, possible
alternatives which go beyond the authority of the Agency shall be discussed.
This analysis shall evaluate alternatives in such a manner that
reviewers independently can judge their relative desirability. In
addition, the reasons why the proposed action is believed by the Agency
to be the best course of action shall be explained.
(5) Relationship Between Local Short-Term Uses of Man's
Environment and the Maintenance and Enhancement of Long-Term Productivity.
Describe the cumulative and long-term effects of the proposed action
which either significantly reduce or enhance the state of the environ-
ment for future generations. In particular, the desirability of
Agency actions shall be weighed to guard against short-sighted fore-
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to effects which narrow the range of beneficial uses of the environment
or pose long-term risks t.o health or safety. Who is paying the
"environmental cost" versus who is gaining the "benefits" over time
shall be identified. In addition, the reasons why the proposed
action is believed by the Agency to be justified now, rather than
reserving a long-term option for other alternatives, including no use,
shall be explained.
(6) Irreversible and Irretrievable Commitments of Resources
Which Would be Involved in the Proposed Action Should it be Implemented.
Describe the extent to which the proposed action curtails the diversity
and range of beneficial uses of the environment. Uses of renewable
and non-renewable resources during the initial and continued phases of
the action shall be specified. In this regard, construction and
facility uses are basically irreversible since a large commitment of
resources makes removal or non-use thereafter unlikely. Such primary
impacts and, particularly, secondary impacts (e.g., opening areas
to further development) generally commit future generations to similar
uses. Also, irreversible damage can result from environmental accidents
associated with the action. Any irretrievable and significant
commitments of resources shall be evaluated to assure that such
current consumption is justified.
(7) A Discussion of Problems and Objectives Raised by Other
Federal, State, and Local Agencies and by Private Organizations and
Individuals in the Review Process and the Disposition of the Issues
Involved. Final statements shall summarize the comments and suggestions
made by reviewing organizations and shall describe the disposition
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anticipated impacts or objections). In particular, they shall address
in detail the major issues raised when the Agency position is at
variance with recommendations and objections (e.g., reasons why
specific comments and suggestions could not be accepted, and factors of
overriding importance prohibiting the incorporation of suggestions).
Reviewer's statements should be set forth in a Comment and discussed in
a Response. In addition, the source of all comments should be clearly
identified.
10. PUBLIC PARTICIPATION. Public participation is an integral part
of the Agency planning process. It consists of continuous, two-way
communication keeping the public fully informed about the status
and progress of studies and findings, and actively soliciting comments
from all concerned and affected groups and individuals.
a. Public Hearings. Public hearings on draft impact statements
shall be held where the originating official determines that:
(1) The action will have a significant impact on the
environment and a public hearing would facilitate the resolution of
conflict or Significant public controversy;
(2) A public hearing is a routine step in the decision-
making and authorization process for such actions.
When public hearings are held, the draft statement prepared by the
originating office shall serve as an outline for discussion. A
summary of the issues raised, conflicts resolved and unresolved,
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and any other significant portion of the general discussion shall
be appended to the draft statement for incorporation as a separate
section of the final statement. Formal public notice of the hearing
shall be given immediately after distribution of the draft statement
for review and comment. This notice shall be given wide coverage.
Draft statements shall be available to the public at least 15 days
prior to the time of such hearings. The Agency shall endeavor to comply
with requests for extensions of time for the submission of comments,
not to exceed fifteen (15) days, when hearings are held.
When a public hearing has been held by another Federal, State, or
local agency on an Agency action, additional hearings need not
necessarily ensue.
b. Comments on Draft and Final Statements. Draft impact statements
and negative declarations shall be made available to the public to assure
the fullest practical provision of timely public information and under-
standing of Federal plans and programs. This shall be accomplished
through public hearings, notices of intent, press releases, distribution
of draft and final statements to public organizations for comment,
and availability of statements to private individuals.
Final environmental impact statements shall be furnished to all
citizen groups and consefvation/environmental groups with which
the statement was coordinated or other organizations which submitted
comments. This is to enable public organizations to comment on the
final statement to the Agency or the Council on Environmental Quality,
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if they so desire, within the thirty (30) day period prior to
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Agency administrative action on the proposal.
11. AVAILABILITY. OF IMPACT STATEMENTS, NEGATIVE DECLARATIONS, AND APPRAISALS.
Draft and final environmental impact statements, negative declarations,
and environmental impact appraisals shall be made available for
public review at the following locations:
a. The originating office, and
b. The headquarters Office of Public Affairs for draft and final
impact statements only.
12. TIMING FOR PROPOSED AGENCY ACTIONS. To the maximum extent
practicable, no administrative action shall be taken sooner than
ninety (90) days after a draft statement has been distributed or sooner
than thirty (30) days after the final statement has been distributed.
If the final statement is filed within ninety (90) days after the
draft statement has been circulated and made public, the thirty
(30) day period and ninety (90) day period may run concurrently to the
extent that they overlap.
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