[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
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.