[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: 40CFR1503.1]



[Page 880]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY

 

PART 1503_COMMENTING--Table of Contents

 

Sec.  1503.1  Inviting comments.









Sec.

1503.1 Inviting comments.

1503.2 Duty to comment.

1503.3 Specificity of comments.

1503.4 Response to comments.



    Authority: NEPA, the Environmental Quality Improvement Act of 1970, 

as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air Act, as 

amended (42 U.S.C. 7609), and E.O. 11514 (Mar. 5, 1970, as amended by 

E.O. 11991, May 24, 1977).



    Source: 43 FR 55997, Nov. 29, 1978, unless otherwise noted.





    (a) After preparing a draft environmental impact statement and 

before preparing a final environmental impact statement the agency 

shall:

    (1) Obtain the comments of any Federal agency which has jurisdiction 

by law or special expertise with respect to any environmental impact 

involved or which is authorized to develop and enforce environmental 

standards.

    (2) Request the comments of:

    (i) Appropriate State and local agencies which are authorized to 

develop and enforce environmental standards;

    (ii) Indian tribes, when the effects may be on a reservation; and

    (iii) Any agency which has requested that it receive statements on 

actions of the kind proposed.



Office of Management and Budget Circular A-95 (Revised), through its 

system of clearinghouses, provides a means of securing the views of 

State and local environmental agencies. The clearinghouses may be used, 

by mutual agreement of the lead agency and the clearinghouse, for 

securing State and local reviews of the draft environmental impact 

statements.

    (3) Request comments from the applicant, if any.

    (4) Request comments from the public, affirmatively soliciting 

comments from those persons or organizations who may be interested or 

affected.

    (b) An agency may request comments on a final environmental impact 

statement before the decision is finally made. In any case other 

agencies or persons may make comments before the final decision unless a 

different time is provided under Sec.  1506.10.