33 CFR Appendix C to Part 230, Notice of Intent To Prepare a Draft EIS

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Appendix C to Part 230 - Notice of Intent To Prepare a Draft EIS

1. Purpose. This appendix provides guidance on the preparation and processing of a notice of intent to prepare a draft EIS for publication in the Federal Register. A notice of intent to prepare a draft EIS or a draft supplement is discussed in 40 CFR 1508.22.

2. Procedure. District commanders shall publish a notice of intent in the Federal Register as soon as practicable after a decision is made to prepare a draft EIS or draft supplement. See 40 CFR 1507.3(e) for timing of notice of intent for Corps feasibility studies. Guidance on the format and content of the notice in the form of a sample notice of intent is contained in paragraph 4 of this appendix. District commanders shall also follow this guidance when publishing a notice of intent to withdraw a notice of intent when a decision has been made to terminate the EIS process.

3. Publishing Documents in the Federal Register. The following information is furnished for preparation and publication of notices of intent in the Federal Register:

a. A brief transmittal letter inclosing three (3) signed copies of the notice of intent should be processed through local Chief, Information Management channels to: HQDA, SFIS-APP, ATTN: Department of the Army Liaison Officer with the Office of the Federal Register, Alexandria, VA 22331-0302. This office will review and correct (if needed) all documents prior to publication in the Federal Register.

b. The notice must be signed by the official issuing the document along with the signer's typed name, rank and position title for military officials or name and position title for civilian officials. A signer cannot sign “as acting” or “for” if another name is shown in the signature block. All three copies sent forward must be signed in ink. A xerox copy of the signature is not allowed.

c. A six-digit billing code number must be typed or handwritten in ink at the top of the first page on all three copies of a notice. This billing code number can be found on GPO bills, GPO Form 400, in the upper left corner opposite the address. The billing code number will be indicated as 3710-XX. FOAs must submit an open-end printing and binding requisition, Standard Form 1, each fiscal year to cover Federal Register printing costs (reference 3(n)). Completed requisitions (SF-1) must be forwarded to reach HQUSACE (CEIM-SP) WASH DC 20314-1000 by 1 June of each year. Consult the local chief, Information Management for Assistance.

4. Sample Notice of Intent. The following is a sample notice of intent to be used by district commanders:

Department of Defense
Corps of Engineer, Department of the Army, 3710-XX (Use Local Billing Code Number)

Intent To Prepare A Draft Environment Impact Statement (DEIS) For a Proposed (Name and location of project, permit or activity).

Agency: U.S. Army Corps of Engineers, DoD.

Action: Notice of Intent.

Summary: The summary should briefly state in simple language what action is being taken, why the action is necessary, and the intended effect of the action. Extensive discussion belongs under the Supplementary Information caption.

For Further Information Contact: Questions about the proposed action and DEIS can be answered by: (Provide name, telephone number, and address of the person in the district or division who can answer questions about the proposed action and the DEIS).

Supplementary Information: The Supplementary Information should contain the remainder of the necessary information of the document. It should contain any authority citation, Federal Register citation to a previously published document, or CFR citation when appropriate and include a discussion of the following topics:

1. Briefly describe the proposed action.

2. Briefly describe reasonable alternatives.

3. Briefly describe the Corps' scoping process which is reasonably foreseeable for the DEIS under consideration. The description:

a. Shall discuss the proposed public involvement program and invite the participation of affected Federal, state and local agencies, affected Indian tribes, and other interested private organizations and parties.

b. Shall identify significant issues to be analyzed in depth in the DEIS.

c. May discuss possible assignments for input into the EIS under consideration among the lead and cooperating agencies.

d. Shall identify other environmental review and consultation requirements.

4. Indicate whether or not a scoping meeting will be held. Indicate time, date and location if a meeting is scheduled.

5. Provide an estimated date when the DEIS will be made available to the public.

(Provide date)
See par. 3.b. for instructions on signature

• Text to be double-spaced. Use block format.

• Place local billing code number at the top of the first page on all three copies.

• Margins - one inch on top, bottom and right side; and one and one-half inches on the left side.

• Pages must be numbered consecutively.

• Text should be typed on one side only.

• Use 8 1/2 by 11 inch bond paper or photocopy paper.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
Presidential Documents

Executive Order ... 11514

Executive Order ... 11991

Title 33 published on 2015-08-22.

No entries appear in the Federal Register after this date, for 33 CFR Part 230.