[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: 33CFR230.17]



[Page 318]

 

                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.  230.17  Filing requirements.



    Five copies of draft, final and supplement EISs should be sent to: 

Director, Office of Federal Activities (A-104), Environmental Protection 

Agency, 401 M Street SW., Washington, DC 20460. District commanders 

should file draft EISs and draft supplements directly with EPA. Final 

EISs and final supplements should be filed by appropriate elements 

within HQUSACE for feasibility and reevaluation reports requiring 

Congressional authorization. Division commanders should file final EISs 

and final supplements for all other Corps actions except for final EISs 

or final supplements for permit actions which should be filed by the 

district commander after appropriate reviews by division and the 

incorporation of division's comments in the EIS. HQUSACE and/or division 

will notify field office counterparts when to circulate the final EIS or 

final supplement and will file the final document with EPA after 

notified that distribution of the document has been accomplished.

    (a) Timing requirements. Specific timing requirements regarding the 

filing of EISs with EPA are discussed in 40 CFR 1506.10. District 

commanders will forward any expedited filing requests with appropriate 

supporting information through channels to CECW-RE. Once a decision is 

reached to prepare an EIS or supplement, district commanders will 

establish a time schedule for each step of the process based upon 

considerations listed in 40 CFR 1501.8 and upon other management 

considerations. The time required from the decision to prepare an EIS to 

filing the final EIS normally should not exceed one year (46 FR 18037, 

March 23, 1981). For feasibility, continuing authority, or reevaluation 

studies, where the project's study time is expected to exceed 12 months, 

the timing of the EIS should be commensurate with the study time. In 

appropriate circumstances where the costs of completing studies or 

acquiring information for an EIS (i.e., cost in terms of money, time, or 

other resources) would be exorbitant, the district commander should 

consider using the mechanism described in 40 CFR 1502.22, as amended. In 

all cases, however, it is the district commander's responsibility to 

assure that the time-limit established for the preparation of an EIS or 

supplement is consistent with the purposes of NEPA.

    (b) Timing requirements on supplements. Minimum review periods will 

be observed for draft and final supplements covering actions not having 

a bearing on the overall project for which a final EIS has been filed. 

Such supplements should not curtail other ongoing or scheduled actions 

on the overall project which have already complied with the procedural 

requirements of NEPA.