[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: 40CFR1506.6]



[Page 886-887]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY

 

PART 1506_OTHER REQUIREMENTS OF NEPA--Table of Contents

 

Sec.  1506.6  Public involvement.



    Agencies shall:

    (a) Make diligent efforts to involve the public in preparing and 

implementing their NEPA procedures.

    (b) Provide public notice of NEPA-related hearings, public meetings, 

and the availability of environmental documents so as to inform those 

persons and agencies who may be interested or affected.

    (1) In all cases the agency shall mail notice to those who have 

requested it on an individual action.

    (2) In the case of an action with effects of national concern notice 

shall include publication in the Federal Register and notice by mail to 

national organizations reasonably expected to be interested in the 

matter and may include listing in the 102 Monitor. An agency engaged in 

rulemaking may provide notice by mail to national organizations who have 

requested that notice regularly be provided. Agencies shall maintain a 

list of such organizations.

    (3) In the case of an action with effects primarily of local concern 

the notice may include:

    (i) Notice to State and areawide clearinghouses pursuant to OMB 

Circular A-95 (Revised).

    (ii) Notice to Indian tribes when effects may occur on reservations.

    (iii) Following the affected State's public notice procedures for 

comparable actions.

    (iv) Publication in local newspapers (in papers of general 

circulation rather than legal papers).

    (v) Notice through other local media.

    (vi) Notice to potentially interested community organizations 

including small business associations.



[[Page 887]]



    (vii) Publication in newsletters that may be expected to reach 

potentially interested persons.

    (viii) Direct mailing to owners and occupants of nearby or affected 

property.

    (ix) Posting of notice on and off site in the area where the action 

is to be located.

    (c) Hold or sponsor public hearings or public meetings whenever 

appropriate or in accordance with statutory requirements applicable to 

the agency. Criteria shall include whether there is:

    (1) Substantial environmental controversy concerning the proposed 

action or substantial interest in holding the hearing.

    (2) A request for a hearing by another agency with jurisdiction over 

the action supported by reasons why a hearing will be helpful. If a 

draft environmental impact statement is to be considered at a public 

hearing, the agency should make the statement available to the public at 

least 15 days in advance (unless the purpose of the hearing is to 

provide information for the draft environmental impact statement).

    (d) Solicit appropriate information from the public.

    (e) Explain in its procedures where interested persons can get 

information or status reports on environmental impact statements and 

other elements of the NEPA process.

    (f) Make environmental impact statements, the comments received, and 

any underlying documents available to the public pursuant to the 

provisions of the Freedom of Information Act (5 U.S.C. 552), without 

regard to the exclusion for interagency memoranda where such memoranda 

transmit comments of Federal agencies on the environmental impact of the 

proposed action. Materials to be made available to the public shall be 

provided to the public without charge to the extent practicable, or at a 

fee which is not more than the actual costs of reproducing copies 

required to be sent to other Federal agencies, including the Council.