40 CFR 1503.1 - Inviting comments.
(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.
(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 § 1506.10.