[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

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

[CITE: 40CFR1502.9]



[Page 875-876]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY

 

PART 1502_ENVIRONMENTAL IMPACT STATEMENT--Table of Contents

 

Sec.  1502.9  Draft, final, and supplemental statements.



    Except for proposals for legislation as provided in Sec.  1506.8 

environmental impact statements shall be prepared in two stages and may 

be supplemented.

    (a) Draft environmental impact statements shall be prepared in 

accordance with the scope decided upon in the scoping process. The lead 

agency shall work with the cooperating agencies and shall obtain 

comments as required in part 1503 of this chapter. The draft statement 

must fulfill and satisfy to the fullest extent possible the requirements 

established for final statements



[[Page 876]]



in section 102(2)(C) of the Act. If a draft statement is so inadequate 

as to preclude meaningful analysis, the agency shall prepare and 

circulate a revised draft of the appropriate portion. The agency shall 

make every effort to disclose and discuss at appropriate points in the 

draft statement all major points of view on the environmental impacts of 

the alternatives including the proposed action.

    (b) Final environmental impact statements shall respond to comments 

as required in part 1503 of this chapter. The agency shall discuss at 

appropriate points in the final statement any responsible opposing view 

which was not adequately discussed in the draft statement and shall 

indicate the agency's response to the issues raised.

    (c) Agencies:

    (1) Shall prepare supplements to either draft or final environmental 

impact statements if:

    (i) The agency makes substantial changes in the proposed action that 

are relevant to environmental concerns; or

    (ii) There are significant new circumstances or information relevant 

to environmental concerns and bearing on the proposed action or its 

impacts.

    (2) May also prepare supplements when the agency determines that the 

purposes of the Act will be furthered by doing so.

    (3) Shall adopt procedures for introducing a supplement into its 

formal administrative record, if such a record exists.

    (4) Shall prepare, circulate, and file a supplement to a statement 

in the same fashion (exclusive of scoping) as a draft and final 

statement unless alternative procedures are approved by the Council.