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Last modified
7/14/2009 5:02:37 PM
Creation date
5/18/2009 12:07:18 AM
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UCREFRP
UCREFRP Catalog Number
9629
Author
U.S. Fish and Wildlife Service.
Title
Selected NEPA Documents.
USFW Year
1993.
USFW - Doc Type
\
Copyright Material
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88 <br />commenting on a draft EIS is found in the Service NEPA Reference Handbook. <br />The following points should be considered. <br />A. If a draft EIS is so inadequate as to preclude meaningful analysis, but <br />it appears that there may be significant adverse effects on fish and <br />wildlife resources, Service comments should state explicitly what would be <br />required to make the document adequate. The action agency should be <br />requested to prepare and circulate a revised draft EIS, in accordance with <br />40 CFR 1502.9(a). <br />B. The Service should indicate which alternative is environmentally <br />preferred from a fish and wildlife standpoint. The Service should make <br />recommendations regarding each alternative to ensure that, whichever is <br />selected, the lead agency is aware of necessary fish and wildlife measures <br />that should be incorporated therein. <br />C. Service comments on a draft EIS may request the action agency to <br />prepare a supplement to the EIS if such an analysis will help to satisfy <br />Service concerns. Requests for supplemental documents must be consistent <br />with the criteria set forth in 40 CFR 1502.9(c). <br />D. If there is any possibility that the Service may refer a project to CEQ <br />(40 CFR 1504), that fact must be pointed out to the agency at the earliest <br />possible time in their planning process. This normally occurs within the <br />comment period for the draft EIS. 505 FW 4 provides specific guidance on <br />CEQ referrals. <br />E. Submit all comments to the appropriate collating office. Do not bypass <br />DOI by submitting comments directly to the requesting Federal or State <br />agency. <br />F. Service comments should not be released prior to DOI's release of the <br />official Departmental position. <br />3.5 Comments on Final EISs. CEQ's NEPA regulations [40 CFR 1502.9(b)] <br />require lead agencies to respond to comments made on the draft EIS~and <br />require discussion of responsible opposing views at appropriate points in <br />the final EIS rather than merely appending comments to the document. <br />A. The Department does not normally comment on final EISs. In other <br />words, the quality review of the document itself should be completed prior <br />to release of the final EIS. "No Comment" responses are not normally <br />required, unless requested on the ES transmittal. The Service comments on <br />final EISs when there are major, unresolved issues about the project <br />itself. For example, the Service may oppose the project or a feature of <br />major importance relative to fish and wildlife resources. A sample DOI <br />letter commenting on a final EIS is found in the Service NEPA Reference <br />Handbook. Generally, comments on a final EIS are justified when one or <br />more of the following criteria occur. <br />(1) The Service strongly objects to the selected alternative because it is <br />environmentally unacceptable from the Service's expertise or jurisdictional <br />
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