ments will be through procedures set forth under Part 1 of Circular No. A-95. (b) Where these procedures are not appropriate and where a proposed action affects matters within their jurisdiction, review of the draft environment statement on a proposed action by State and local agencies authorized to develop and enforce environmental standards and their comments on the environmental impact of the proposed action may be obtained directly or by distributing the draft environmental statement to the appropriate State, regional and metropolitan clearinghouses unless the Governor of the State involved has designated some other point for obtaining this review. 10. Use of statements in agency review processes; distribution to Council on Environmental Quality; availability to public. (a) Agencies will need to identify at what stage or stages of a series of actions relating to a particular matter the environmental statement procedures of this directive will be applied. It will often be necessary to use the procedures both in the development of a national program and in the review of proposed projects within the national program. However, where a grant-in-aid program does not entail prior approval by Federal agencies of specific projects the view of Federal, State, and local agencies in the legislative process may have to suffice. The principle to be applied is to obtain views of other agencies at the earliest feasible time in the development of program and project proposals. Care should be exercised so as not to duplicate the clearance process, but when actions being considered differ significantly from those that have already been reviewed pursuant to section 102 (2) (C) of the Act an environmental statement should be provided. (b) Ten (10) copies of draft environmental statements (when prepared), ten (10) copies of all comments made thereon (to be forwarded to the Council by the entity making comment at the time comment is forwarded to the responsible agency), and ten (10) copies of the final text of environmental statements (together with all comments received thereon by the responsible agency from Federal, State, and local agencies and from private organizations and individuals) shall be supplied to the Council on Environmental Quality in the Executive Office of the President (this will serve as making environmental statements available to the President). It is important that draft environmental statements be prepared and circulated for comment and furnished to the Council early enough in the agency review process before an action is taken in order to permit meaningful consideration of the environmental issues involved. To the maximum extent practicable no administrative action (i.e., any proposed action to be taken by the agency other than agency proposals for legislation to Congress or agency reports on legislation) subject to section 102 (2) (C) is to be taken sooner than ninety (90) days after a draft environmental statement has been circulated for comment, furnished to the Council and, except where advance public disclosure will result in significantly increased costs of procurement to the Government, made available to the public pursuant to these guidelines; neither should such administrative action be taken sooner than thirty (30) days after the final text of an environmental statement (together with comments) has been made available to the Council and the public. If the final text of an environmental statement is filed within ninety (90) days after a draft statement has been circulated for comment, furnished to the Council and made public pursuant to this section of these guidelines, the thirty (30) day period and ninety (90) day period may run concurrently to the extent that they overlap. (c) With respect to recommendations or reports on proposals for legislation to which section 102(2)(C) applies, the final text of the environmental statement and comments thereon should be available to the Congress and to the public in support of the proposed legislation or report. In cases where the scheduling of congressional hearings on recommendations or reports on proposals for legislation which the Federal agency has forwarded to the Congress does not allow adequate time for the completion of a final text of an environmental statement (together with comments), a draft environmental statement may be furnished to the Congress and made available to the public pending transmittal of the comments as received and the final text. (d) Where emergency circumstances make it necessary to take an action with significant environmental impact without observing the provisions of these guidelines concerning minimum periods for agency review and advance availability of environmental statements, the Federal agency proposing to take the action should consult with the Council on Environmental Quality about alternative arrange ments. Similarly, where there are overriding considerations of expense to the Government or impaired program effectiveness, the responsible agency should consult the Council concerning appropriate modifications of the minimum periods. (e) In accord with the policy of the National Environmental Policy Act and Executive Order 11514 agencies have a responsibility to develop procedures to insure the fullest practicable provision of timely public information and understanding of Federal plans and programs with environmental impact in order to obtain the views of interested parties. These procedures shall include, whenever appropriate. provision for public hearings, and shall provide the public with relevant information, including information on alternative courses of action. Agencies which hold hearings on proposed administrative actions or legislation should make the draft environmental statement available to the public at least fifteen (15) days prior to the time of the relevant hearings except where the agency prepares the draft statement on the basis of a hearing subject to the Administrative Procedure Act and preceded by adequate public notice and information to identify the issues and obtain the comments provided for in sections 6-9 of these guidelines. (f) The agency which prepared the environmental statement is responsible for making the statement and the comments received available to the public pursuant to the provisions of the Freedom of Information Act (5 U.S.C., sec. 552), without regard to the exclusion of interagency memoranda when such memoranda transmit comments of Federal agencies listed in section 7 of these guidelines upon the environmental impact of proposed actions subject to section 102 (2) (C). (g) Agency procedures prepared pursuant to section 3 of these guidelines shall implement these public information requirements and shall include arrangements for availability of environmental statements and comments at the head and appropriate regional offices of the responsible agency and at appropriate State, regional, and metropolitan clearinghouses unless the Governor of the State involved designates some other point for receipt of this information. 11. Application of section 102(2)(C) procedure to existing projects and programs. To the maximum extent practicable the section 102 (2) (C) procedure should be applied to further major Federal actions having a significant effect on the environment even though they arise from projects or programs initiated prior to enactment of the Act on January 1, 1970. Where it is not practicable to reassess the basic course of action, it is still important that further incremental major actions be shaped so as to minimize adverse environmental consequences. It is also important in further action that account be taken of environmental consequences not fully evaluated at the outset of the project or program. 12. Supplementary guidelines, evaluation of procedures. (a) The Council on Environmental Quality after examining environmental statements and agency procedures with respect to such statements will issue such supplements to these guidelines as are necessary. (b) Agencies will continue to assess their experience in the implementation of the section 102(2) (C) provisions of the Act and in conforming with these guidelines and report thereon to the Council on Environmental Quality by December 1. 1971. Such reports should include an identification of the problem areas and suggestions for revision or clarification of these guidelines to achieve effective coordination of views on environmental aspects (and alternatives, where appropriate) of proposed actions without imposing unproductive administrative procedures. RUSSELL E. TRAIN, APPENDIX I Chairman. (Check one) () Draft. () Final Environmental Statement. Nome of Responsible Federal Agency (with name of operating division where appropriate). 1. Name of Action. (Check one) ( ) Administrative Action. ( ) Legislative Action. 2. Brief description of action indicating what States (and counties) particularly affected. 3. Summary of environmental impact and adverse environmental effects. 4. List alternatives considered. 5. a. (For draft statements) List all Federal, State, and local agencies from which comments have been requested. b. (For final statements) List all Federal, State, and local agencies and other sources from which written comments have been received. 6. Dates draft statement and final statement made available to Council on Environmental Quality and public. APPENDIX II-FEDERAL AGENCIES WITH JURISDICTION BY LAW OR SPECIAL EXPERTISE TO COMMENT ON VARIOUS TYPES OF ENVIRONMENTAL IMPACTS Air Quality and Air Pollution Control Department of Agriculture Forest Service (effects on vegetation). Department of Health, Education, and Welfare (Health aspects). Environmental Protection Agency Air Pollution Control Office. Department of the Interior Bureau of Mines (fossil and gaseous fuel combustion). Bureau of Sport Fisheries and Wildlife (wildlife). Department of Transportation Assistant Secretary for Systems Development and Techonolgy (auto emissions). Coast Guard (vessel emissions). Federal Aviation Administration (aircraft emissions). Department of Commerce Weather Modification National Oceanic and Atmospheric Administration. Department of Defense Department of the Air Force. Department of the Interior— Bureau of Reclamation. ENERGY Environmental Aspects of Electric Energy Generation and Transmission Atomic Energy Commission (nuclear power). Environmental Protection Agency Water Quality Office. Air Pollution Control Office. Department of Agriculture Rural Electrification Administration (rural areas). Department of Defense Army Corps of Engineers (hydro-facilities). Federal Power Commission (hydro-facilities and transmission lines). Department of the Interior-(facilities on Government lands). Natural Gas Energy Development, Transmission and Generation Federal Power Commission (natural gas production, transmission and supply). Department of the Interior Geological Survey. Bureau of Mines. HAZARDOUS SUBSTANCES Toxic Materials Department of Commerce National Oceanic and Atmospheric Administration. Department of Health, Education and Welfare (Health aspects). Environmental Protection Agency. Department of Agriculture Agricultural Research Service. Consumer and Marketing Service. Department of Defense. Department of the Interior Bureau of Sport Fisheries and Wildlife. Department of Agriculture Pesticides Agricultural Research Service (biological controls, food and fiber production). Consumer and Marketing Service. Forest Service. Department of Commerce National Marine Fisheries Service. National Oceanic and Atmospheric Administration. Environmental Protection Agency Office of Pesticides. Department of the Interior Bureau of Sport Fisheries and Wildlife (effects on fish and wildlife). Department of Health, Education, and Welfare (Health aspects). Department of Agriculture Agricultural Research Service. Forest Service. Environmental Protection Agency— Office of Pesticides. Herbicides Department of Health, and Welfare (Health aspects). Department of the Interior Bureau of Sport Fisheries and Wildlife. Bureau of Land Management. Bureau of Reclamation. Transportation and Handling of Hazardous Materials Department of Commerce Maritime Administration. National Marine Fisheries Service. National Oceanic and Atmospheric Administration (impact on marine life). Department of Defense Armed Services Explosive Safety Board. Army Corps of Engineers (navigable waterways). Department of Health, Education, and Welfare Office of the Surgeon General (Health aspects). Department of Transportation Federal Highway Administration Bureau of Motor Carrier Safety. Coast Guard. Federal Railroad Administration. Federal Aviation Administration. Assistant Secretary for Systems Development and Technology. Office of Hazardous Materials. Office of Pipeline Safety. Environmental Protection Agency (hazardous substances). Atomic Energy Commission (radioactive substances). LAND USE AND MANAGEMENT Coastal Areas: Wetlands, Estuaries, Waterfowl Refuges, and Beaches Department of Agriculture Forest Service. Department of Commerce National Marine Fisheries Service (impact on marine life). National Oceanic and Atmospheric Administration (impact on marine life). Department of Transportation Coast Guard (bridges, navigation). Department of Defense Army Corps of Engineers (beaches, dredge and fill permits, Refuse Act permits). Department of the Interior Bureau of Sport Fisheries and Wildlife. National Park Service. U.S. Geological Survey (coastal geology). Department of Agriculture— Soil Conservation Service (soil stability, hydrology). Environmental Protection Agency— Water Quality Office. Historic and Archeological Sites Department of the Interior National Park Service. Advisory Council on Historic Preservation. Department of Housing and Urban Development (urban areas). Flood Plains and Watersheds Department of Agriculture Agricultural Stabilization and Research Service. Soil Conservation Service. Forest Service. Department of the Interior Bureau of Outdoor Recreation. Bureau of Reclamation. Bureau of Sport Fisheries and Wildlife. Bureau of Land Measurement. U.S. Geological Survey. Department of Housing and Urban Development (urban areas). Department of Defense Army Corps of Engineers. Mineral Land Reclamation Appalachian Regional Commission. Department of Agriculture Forest Service. Department of the Interior Bureau of Mines. Bureau of Outdoor Recreation. Bureau of Sport Fisheries and Wildlife. Bureau of Land Management. U.S. Geological Survey. Tennessee Valley Authority. Parks, Forests, and Outdoor Recreation Department of Agriculture Forest Service. Soil Conservation Service. Department of the Interior Bureau of Land Management. National Park Service. Bureau of Outdoor Recreation. Bureau of Sport Fisheries and Wildlife. Department of Defense Army Corps of Engineers. Department of Housing and Urban Development (urban areas). Soil and Plant Life, Sedimentation, Erosion and Hydrologic Conditions |