[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR230.13]



[Page 316-317]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 230_PROCEDURES FOR IMPLEMENTING NEPA--Table of Contents

 

Sec.  230.13  Environmental Impact Statement (EIS).



    An EIS for feasibility or continuing authority reports and certain 

planning/engineering reports may be combined with or integrated into the 

report in accordance with 40 CFR 1500.4(o) and 1506.4. An EIS combined 

with the report shall follow the format in 40 CFR 1502.10, follow the 

main report, use colored paper and not be an attachment or appendix. An 

EIS integrated within the report may follow the instructions in the last 

paragraph of 40 CFR 1502.10. Additional guidance on combining and 

integrating EISs is located in ER 1105-2-60. Where the EIS is not 

combined with or integrated into the project document, the EIS shall be 

a separate document and follow the format in 40 CFR 1502.10. CEQ 

regulations suggest maximum lengths for the text of an EIS at



[[Page 317]]



40 CFR 1502.07. An effort should be exerted to cover the substantive 

topics simply and concisely to the extent practicable, and consistent 

with producing a legally and technically adequate EIS. Normally, the CEQ 

page limits should be met.

    (a) Draft and Final EISs. Guidance on EISs prepared for planning and 

certain planning/engineering studies is contained in ER 1105-2-10 thru 

60. 33 CFR part 325, Appendix B contains guidance for regulatory 

actions. For final EISs which are not combined with or integrated into 

the report, the final EIS may take the form of an ``abbreviated'' 

document described in 40 CFR 1503.4(c). An abbreviated final EIS should 

consist of a new title page, summary, errata or correction sheet(s) and 

comments and responses. In filing the abbreviated final EIS with EPA 

(Washington Office), five copies of the draft EIS shall be included in 

the transmittal. District commanders shall be responsible for 

determining the type of final EIS to prepare.

    (b) Supplements. A supplement to the draft or final EIS should be 

prepared whenever required as discussed in 40 CFR 1502.09(c). A 

supplement to a draft EIS should be prepared and filed in the same 

manner as a draft EIS and should be titled ``Supplement I'', 

``Supplement II'', etc. The final EIS should address the changes noted 

in the supplement and substantive comments received as a result of 

circulation of the document. A supplement to a final EIS should be 

prepared and filed first as a draft supplement and then as a final 

supplement. Supplements will be filed and circulated in the same manner 

as a draft and final EIS (including the abbreviated procedure discussed 

in 13a. above). Supplements to a draft or final EIS filed before 30 July 

1979 may follow the format of the previously filed EIS. Supplements to a 

draft EIS filed after this date will follow the format outlined in 40 

CFR 1502.10. References to the draft or final EIS being supplemented 

should be used to eliminate repetitive discussions in order to focus on 

the important issues and impacts. The transmittal letter to EPA as well 

as the cover sheet should clearly identify the title and purpose of the 

document as well as the title and filing date of the previous EIS being 

supplemented and how copies can be obtained. The decision may be made on 

the proposed action by the appropriate Corps official no sooner than 30 

days after the final supplement has been on file. A record of decision 

will be signed when the decision is made.

    (c) Tiering. Tiering is discussed in 40 CFR 1502.20 and 1508.28 and 

should be used in appropriate cases. The initial broad or programmatic 

EIS must present sufficient information regarding overall impacts of the 

proposed action so that the decision-makers can make a reasoned judgment 

on the merits of the action at the present stage of planning or 

development and exclude from consideration issues already decided or not 

ready for decision. The initial broad EIS should also identify data gaps 

and discuss future plans to supplement the data and prepare and 

circulate site specific EISs or EAs as appropriate.

    (d) Other Reports. District commanders may also publish periodic 

fact sheets and/or other supplemental information documents on long-term 

or complex EISs to keep the public informed on the status of the 

proposed action. These documents will not be filed officially with EPA.