[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: 33CFR230.26]
[Page 321-324]
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. 230.26 General considerations in preparing Corps EISs.
(a) Interdisciplinary preparation. See (40 CFR 1502.6).
(b) Incorporation by reference. To the maximum extent practicable,
the EIS should incorporate material by reference in accordance with 40
CFR 1502.21. Footnotes should be used only where their use greatly aids
the reader's understanding of the point discussed. Citation in the EIS
of material incorporated by reference should be made by indicating an
author's last name and date of the reference in parentheses at the
appropriate location in the EIS. The list of references will be placed
at the end of the EIS. Only information sources actually cited in the
text should appear in the reference list. The reference list should
include the author's name, the date and title of the publication,
personal communications and type of communication (e.g., letter,
telephone, interview, etc.).
Appendix A to Part 230--Processing Corps NEPA Documents
NEFA documents for Civil Works activities other than permits will be
processed in accordance with the instructions contained in this appendix
and applicable paragraphs in the regulation.
Table of Contents
Title
1. Feasibility Studies
2. Continuing Authorities Program Studies
3. Projects in Preconstruction Engineering, and Design, Construction,
and Completed Projects in an Operations and Maintenance
Category
4. Other Corps Projects
1. Feasibility Studies
a. Preparation and Draft Review. During the reconnaissance phase,
the district commander should undertake environmental studies along with
engineering, economic and other technical studies to determine the
probable environmental effects of alternatives and the appropriate NEPA
document to accompany the feasibility report. This environmental
evaluation should be continued in the feasibility phase, and if the need
for an EIS develops the district commander will issue a notice of intent
as early in the feasibility phase as possible. Following the guidance in
ER 1105-2-10 through 60, the district commander will prepare a draft
feasibility report combining or integrating the draft EIS or EA and
draft FONSI (as appropriate), or a separate NEPA document and circulate
it to agencies, organizations and members of the public known to have an
interest in the study. Five copies of the draft EIS and report will be
mailed to Director, Office of Federal Activities (A-104), Environmental
Protection Agency, 401 M Street SW., Washington, DC 20460 for filing
after distribution has been accomplished. After receipt and evaluation
of comments received, the district commander will prepare the final
report and EIS or EA and FONSI and submit it to the division commander
for review.
b. Division Review. After review, the division commander will issue
a public notice of report issuance and transmit the report to the CEBRH.
On Mississippi River and Tributaries projects, the district commander
will issue a public notice and submit the report to the CEMRC. For the
purpose of this regulation, only the acronym CEBRH will be used since
the review functions of CEMRC and CEBRH are similar. The notice will
provide a 30-day period for comments to be submitted to CEBRH on the
report and EIS. Although the EIS in the report is identified as
``final'' at this stage of processing, it should be made clear to all
those requesting a copy that it is an ``Interim Document under Agency
Review--Subject to Revision'' and will become the agency's final EIS
when it is filed after CEBRH review.
c. CEBRH Review. CEBRH will review the EIS at the same time it
reviews the final feasibility report. The report and EIS should be
compatible. If the CEBRH review requires minor revisions (with
insignificant impacts) to the plan as recommended by the division and
district commanders, these changes and impacts shall be noted in the
CEBRH report. If the CEBRH action results in major revisions to the
recommended plan and revisions are variants of the plan or are within
the range of alternatives considered and discussed in the draft EIS, an
addendum to the final EIS will be prepared by CEBRH (with assistance
from the district commander, as required). This addendum ``package''
will be identified as an ``Addendum to the Final EIS--Environmental
Consequences of the Modifications Recommended by the Board of Engineers
for Rivers and Harbors--project name.'' The format shall include an
abstract on the cover page; recommended changes to the division/district
commander's proposed plan; rationale for the recommended changes;
environmental consequences of the recommended changes; and the name,
expertise/discipline, experience, and role of the principal preparer(s)
of the addendum. Letters received during CEBRH review which provide new
pertinent information having a bearing on the modifications recommended
by CEBRH will be attached to the addendum. If CEBRH proposes to
recommend a major
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revision or a new alternative to the plan recommended by the division
and district commanders with significant impacts which were not
discussed in the draft EIS, a supplement to the draft EIS will be
required. After consultation with CEBRH and the division commander, the
district commander will prepare and circulate the supplement to the
draft EIS in accordance with paragraph 13(b). The supplement together
with incoming letters of comment and Corps responses to substantive
issues shall be incorporated into the existing final report and EIS with
a minimum of page changes or revisions to reflect the modified or new
proposed plan. CEBRH will review its proposed action in light of the
comments received prior to taking final action on the report and EIS.
d. Departmental Review. The report and final EIS, together with the
proposed report of the Chief of Engineers and the CEBRH report, will be
filed with EPA at about the same time as it is circulated for the 90-day
departmental review by Federal agencies at the Washington level and the
concerned state(s). District commanders will circulate the proposed
Chief's report, CEBRH report, and the report and final EIS to parties on
the project mailing list not contacted by HQUSACE (groups and
individuals known to have an interest in the study or who provided
comments on the draft EIS) allowing the normal 30-day period of review.
HQUSACE will provide a standard letter for the district to use to
transmit these documents which explains the current status of the report
and EIS and directs all comments to be sent to HQUSACE (CECW-P). Copies
of the report appendices circulated with the draft need not be
circulated with the report and final EIS. All letters of comment
received on the report and final EIS together with HQUSACE responses and
the draft record of decision (to be provided by the district commander)
will be included with other papers furnished at the time the final
Chief's report is transmitted to ASA(CW) for further review and
processing.
e. Executive Reviews. After completion of review, the Chief of
Engineers will sign his final report and transmit the report and
accompanying documents to ASA(CW). After review ASA(CW) will transmit
the report to OMB requesting its views in relation to the programs of
the President. After OMB provides its views, ASA(CW) will sign the
record of decision (ROD) and transmit the report to Congress. In
situations where Congress has acted to authorize construction of a
project prior to receiving ASA(CW) recommendations, the Director of
Civil Works is the designated official to sign the ROD. In this case the
ROD should only address the project as authorized by the Congress and
not attempt to provide any additional justification of the Congressional
action.
2. Continuing Authorities Program Studies
a. Preparation and Draft Review. During the reconnaissance phase,
the district commander should undertake environmental studies along with
engineering, economic and other technical studies to determine the
probable environmental effects of alternatives and the appropriate NEPA
document to accompany the detailed project report (DPR). If the results
of the reconnaissance phase warrant preparation of an EIS, the district
commander will issue a notice of intent early in the ensuing feasibility
study. Following the guidance in ER 1105-2-10 through 60 the district
commander will prepare the draft DPR incorporating the EA and draft
FONSI or draft EIS (as appropriate), and circulate it to agencies,
organizations and members of the public known to have an interest in the
study. If an EIS is prepared, five copies of the draft EIS and report
will be mailed to Director, Office of Federal Activities (A-104),
Environmental Protection Agency, 401 M Street SW, Washington, DC 20460
for filing after distribution has been accomplished.
b. Agency Review. After receipt and evaluation of comments the
district commander will prepare the final DPR and EA/FONSI or final EIS
and submit eight (8) copies to the division commander for review and
approval. After review, the division commander will file five (5) copies
of the final DPR and EIS with the Washington office of EPA. The division
commander will not file the final EIS until notified by the district
commander that distribution has been accomplished.
c. Final Review. Letters of comment on the final DPR including the
final EIS will be answered by the district commander on an individual
basis if appropriate. Two (2) copies of all incoming letters and the
district commander's reply together with five copies of the final DPR
and EIS and a draft of the record of decision will be submitted through
division to the appropriate element within CECW-P. After review of the
DPR and NEPA documents, the Director of Civil Works or Chief, Planning
Division will approve the project and sign the record of decision if an
EIS was prepared for the DPR.
3. Projects in Preconstruction Engineering and Design, Construction, and
Completed Projects in an Operations and Maintenance Category
a. General. District commanders will review the existing NEPA
document(s) to determine if there are new circumstances or significant
impacts which warrant the preparation of a draft and final supplement to
the EIS. If the proposed changes and new impacts are not significant an
EA and FONSI may be used.
b. Preparation and Draft Review. As soon as practicable after the
district commander makes a determination to prepare an EIS or
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supplement for the proposed project, a notice of intent will be issued.
The district commander will, in accordance with 40 CFR 1506.6, prepare
and circulate the draft EIS or supplement for review and comment to
agencies, groups and individuals known who may be interested or
affected. Five (5) copies will be sent to Director, Office of Federal
activities (A-104), Environmental Protection Agency, 401 M Street SW.,
Washington, DC 20460 for filing after distribution has been
accomplished.
c. Agency Review. The district commander will prepare the final EIS
or supplement after receipt and evaluation of comments. Eight (8) copies
will be transmitted to the division commander for review. After review
the division commander will file five (5) copies with the Washington
office of EPA. A copy of the final EIS or supplement and transmittal
letter to EPA will be provided to the appropriate counterpart office
within HQUSACE. The division commander will file the final EIS when the
district commander has made distribution.
d. Final Review. Letters of comment on the final EIS or supplement
will be answered by the district commander on an individual basis as
appropriate. Two (2) copies of the incoming letters and the district
commander's reply together with two copies of the final EIS or
supplement and a draft of the record of decision will be submitted to
the appropriate Corps official having approval authority. After review
of the NEPA documents and letters, the appropriate approving official
will sign the record of decision.
4. Other Corps Projects. Draft and final EISs for other Civil Works
projects or activities having significant environmental impacts which
may be authorized by Congress without an EIS having been previously
filed and for certain real estate management and disposal actions which
may require an EIS should be processed in a manner similar to that
discussed in paragraph 3 of this appendix except that CERE-MC will be
the coordinating office within HQUSACE for real estate actions.
Appendix B to Part 230 [Reserved]
Appendix C to Part 230--Notice of Intent To Prepare a Draft EIS
1. Purpose. This appendix provides guidance on the preparation and
processing of a notice of intent to prepare a draft EIS for publication
in the Federal Register. A notice of intent to prepare a draft EIS or a
draft supplement is discussed in 40 CFR 1508.22.
2. Procedure. District commanders shall publish a notice of intent
in the Federal Register as soon as practicable after a decision is made
to prepare a draft EIS or draft supplement. See 40 CFR 1507.3(e) for
timing of notice of intent for Corps feasibility studies. Guidance on
the format and content of the notice in the form of a sample notice of
intent is contained in paragraph 4 of this appendix. District commanders
shall also follow this guidance when publishing a notice of intent to
withdraw a notice of intent when a decision has been made to terminate
the EIS process.
3. Publishing Documents in the T3Federal Register. The following
information is furnished for preparation and publication of notices of
intent in the Federal Register:
a. A brief transmittal letter inclosing three (3) signed copies of
the notice of intent should be processed through local Chief,
Information Management channels to: HQDA, SFIS-APP, ATTN: Department of
the Army Liaison Officer with the Office of the Federal Register,
Alexandria, VA 22331-0302. This office will review and correct (if
needed) all documents prior to publication in the Federal Register.
b. The notice must be signed by the official issuing the document
along with the signer's typed name, rank and position title for military
officials or name and position title for civilian officials. A signer
cannot sign ``as acting'' or ``for'' if another name is shown in the
signature block. All three copies sent forward must be signed in ink. A
xerox copy of the signature is not allowed.
c. A six-digit billing code number must be typed or handwritten in
ink at the top of the first page on all three copies of a notice. This
billing code number can be found on GPO bills, GPO Form 400, in the
upper left corner opposite the address. The billing code number will be
indicated as 3710-XX. FOAs must submit an open-end printing and binding
requisition, Standard Form 1, each fiscal year to cover Federal Register
printing costs (reference 3(n)). Completed requisitions (SF-1) must be
forwarded to reach HQUSACE (CEIM-SP) WASH DC 20314-1000 by 1 June of
each year. Consult the local chief, Information Management for
Assistance.
4. Sample Notice of Intent. The following is a sample notice of
intent to be used by district commanders:
Department of Defense
Corps of Engineer, Department of the Army, 3710-XX (Use Local
Billing Code Number)
Intent To Prepare A Draft Environment Impact Statement (DEIS) For a
Proposed (Name and location of project, permit or activity).
Agency: U.S. Army Corps of Engineers, DoD.
Action: Notice of Intent.
Summary: The summary should briefly state in simple language what
action is being taken, why the action is necessary, and the intended
effect of the action. Extensive discussion belongs under the
Supplementary Information caption.
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For Further Information Contact: Questions about the proposed action
and DEIS can be answered by: (Provide name, telephone number, and
address of the person in the district or division who can answer
questions about the proposed action and the DEIS).
Supplementary Information: The Supplementary Information should
contain the remainder of the necessary information of the document. It
should contain any authority citation, Federal Register citation to a
previously published document, or CFR citation when appropriate and
include a discussion of the following topics:
1. Briefly describe the proposed action.
2. Briefly describe reasonable alternatives.
3. Briefly describe the Corps' scoping process which is reasonably
foreseeable for the DEIS under consideration. The description:
a. Shall discuss the proposed public involvement program and invite
the participation of affected Federal, state and local agencies,
affected Indian tribes, and other interested private organizations and
parties.
b. Shall identify significant issues to be analyzed in depth in the
DEIS.
c. May discuss possible assignments for input into the EIS under
consideration among the lead and cooperating agencies.
d. Shall identify other environmental review and consultation
requirements.
4. Indicate whether or not a scoping meeting will be held. Indicate
time, date and location if a meeting is scheduled.
5. Provide an estimated date when the DEIS will be made available to
the public.
(Provide date)
[fxsp0]_________________________________________________________________
(Signature)
[fxsp0]_________________________________________________________________
See par. 3.b. for instructions on signature
Note
Text to be double-spaced. Use block format.
Place local billing code number at the top of the
first page on all three copies.
Margins--one inch on top, bottom and right side;
and one and one-half inches on the left side.
Pages must be numbered consecutively.
Text should be typed on one side only.
Use 8\1/2\ by 11 inch bond paper or photocopy
paper.