[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR230.19]

[Page 310]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 230--PROCEDURES FOR IMPLEMENTING NEPA--Table of Contents
 
Sec. 230.19  Comments.

    District commanders shall request comments as set forth in 40 CFR 
1503 and 1506.6. A lack of response may be presumed to indicate that the 
party has no comment to make.
    (a) Time Extensions. District commanders will consider and act on 
requests for time extensions to review and comment on an EIS based on 
timeliness of distribution of the document, prior agency involvement in 
the proposed action, and the action's scope and complexity.
    (b) Public Meetings and Hearings. See 40 CFR 1506.6(c). Refer to 
paragraph 12, 33 CFR part 325, Appendix B for regulatory actions.
    (c) Comments Received on the Draft EIS. See 40 CFR 1503.4. District 
commanders will pay particular attention to the display in the final EIS 
of comments received on the draft EIS. In the case of abbreviated final 
EISs, follow 40 CFR 1503.4(c). For all other final EISs, comments and 
agency responses thereto will be placed in an appendix in a format most 
efficient for users of the final EIS to understand the nature of public 
input and the district commander's consideration thereof. District 
commanders will avoid lengthy or repetitive verbatim reporting of 
comments and will keep responses clear and concise.
    (d) Comments Received on the Final EIS. Responses to comments 
received on the final EIS are required only when substantive issues are 
raised which have not been addressed in the EIS. In the case of 
feasibility reports where the final report and EIS, Board of Engineers 
for Rivers and Harbors (CEBRH) or Mississippi River Commission (CEMRC) 
report, and the proposed Chief's report are circulated for review, 
incoming comment letters will normally be answered, if appropriate, by 
CECW-P. After the review period is over, CECW-P will provide copies of 
all incoming comments received in HQUSACE to the district commander for 
use in preparing the draft record of decision. For all other Corps 
actions except regulatory actions (See 33 CFR part 325, Appendix B), two 
copies of all incoming comment letters (even if the letters do not 
require an agency response) together with the district commander's 
responses (if appropriate) and the draft record of decision will be 
submitted through channels to the appropriate decision authority. In the 
case of a letter recommending a referral under 40 FR part 1504, 
reporting officers will notify CECW-RE and request further guidance. The 
record of decision will not be signed nor any action taken on the 
proposal until the referral case is resolved.
    (e) Commenting on Other Agencies' EISs. See 40 CFR 1503.2 and 
1503.3. District commanders will provide comments directly to the 
requesting agency. CECW-RE will provide comments about legislation, 
national program proposals, regulations or other major policy issues to 
the requesting agency. See Appendix III of CEQ regulations. When the 
Corps is a cooperating agency, the Corps will provide comments on 
another Federal agency's draft EIS even if the response is no comment. 
Comments should be specific and restricted to areas of Corps 
jurisdiction by law and special expertise as defined in 40 CFR 1508.15 
and 1508.26, generally including flood control, navigation, hydropower, 
and regulatory responsibilities. See Appendix II of CEQ regulations.