32 C.F.R. § 651 app D to Part 651
The objective of the plan will be to encourage the full and open discussion of issues related to Army actions. Some NEPA actions will be very limited in scope, and may not require full public participation and involvement. Other NEPA actions will obviously be of interest, not only to the local community, but to others across the country as well.
(a) To accomplish this objective, the plan will require:
(1) Dissemination of information to local and installation communities through such means as news releases to local media, announcements to local citizens groups, and Commander's letters. Such information may be subject to Freedom of Information Act and operations security review.
(2) The invitation of public comments through two-way communication channels that will be kept open through various means.
(3) The use of fully informed public affairs officers at all levels.
(4) Preparation of EAs which incorporate public involvement processes whenever appropriate ( 40 CFR 1506.6 ).
(5) Consultation of persons and agencies such as:
(i) Municipal, township, and county elected and appointed officials.
(ii) Tribal, state, county, and local government officials and administrative personnel whose official duties include responsibility for activities or components of the affected environment related to the proposed Army action.
(iii) Local and regional administrators of other federal agencies or commissions that may either control resources potentially affected by the proposed action (for example, the U.S. Fish and Wildlife Service) or who may be aware of other actions by different federal agencies whose effects must be considered with the proposed Army action (for example, the GSA).
(iv) Members of identifiable population segments within the potentially affected environments, whether or not they have clearly identifiable leaders or an established organization such as farmers and ranchers, homeowners, small business owners, and Native Americans.
(v) Members and officials of those identifiable interest groups of local or national scope that may have an interest in the environmental effects of the proposed action or activity (for example, hunters and fishermen, Isaak Walton League, Sierra Club, and the Audubon Society).
(vi) Any person or group that has specifically requested involvement in the specific action or similar actions.
(b) Public involvement should be solicited using the following processes and procedures:
(1) Direct individual contact. Such limited contact may suffice for all required public involvement, when the expected environmental effect is of a very limited scope. This contact should identify:
(i) Persons expected to express an opinion and later participate.
(ii) Preliminary positions of such persons on the scope of issues that the analysis must address.
(2) Small workshops or discussion groups.
(3) Larger public gatherings that are held after some formulation of the potential issues, inviting the public to express views on the proposed courses of action. Public suggestions or additional alternative courses of action may be expressed at these gatherings which need not be formal public hearings.
(4) Any other processes and procedures to accomplish the appropriate level of public involvement.
(c) Scoping Guidance. All affected parties must be included in the scoping process (AR 360-5). The plan must include the following:
(1) Information disseminated to local and installation communities through such means as news releases to local media, announcements to local citizens groups, and Commander's letters at each phase or milestone (more frequently if needed) of the project. Such information may be subject to Freedom of Information Act and operations security review.
(2) Each phase or milestone (more frequently if needed) of the project will be coordinated with representatives of local, state, and federal government agencies.
(3) Public comments will be invited and two-way communication channels will be kept open through various means as stated above.
(4) Public affairs officers at all levels will be kept informed.
(5) When an EIS is being prepared, public involvement is a requisite element of the scoping process ( 40 CFR 1501.7(a)(1) ).
(6) Preparation of EAs will incorporate public involvement processes whenever appropriate ( 40 CFR 1506.6 ).
(7) Persons and agencies to be consulted include the following:
(i) Municipal, township, and county elected and appointed officials.
(ii) Tribal, state, county, and local government officials and administrative personnel whose official duties include responsibility for activities or components of the affected environment related to the proposed Army action.
(iii) Local and regional administrators of other federal agencies or commissions that may either control resources potentially affected by the proposed action (for example, the U.S. Fish and Wildlife Service); or who may be aware of other actions by different federal agencies whose effects must be considered with the proposed Army action, (for example, the GSA).
(iv) Members of identifiable population segments within the potentially affected environments, whether or not they have clearly identifiable leaders or an established organization such as farmers and ranchers, homeowners, small business owners, and Indian tribes.
(v) Members and officials of those identifiable interest groups of local or national scope that may have interest in the environmental effects of the proposed action or activity (for example, hunters and fishermen, Isaak Walton League, Sierra Club, and the Audubon Society).
(vi) Any person or group that has specifically requested involvement in the specific action or similar actions.
(8) The public involvement processes and procedures by which participation may be solicited include the following:
(i) The direct individual contact process identifies persons expected to express an opinion and participate in later public meetings. Direct contact may also identify the preliminary positions of such persons on the scope of issues that the EIS will address. Such limited contact may suffice for all required public involvement, when the expected environmental effect is of very limited scope.
(ii) Small workshops or discussion groups.
(iii) Larger public gatherings that are held after some formulation of the potential issues. The public is invited to express its views on the proposed courses of action. Public suggestions or alternative courses of action not already identified may be expressed at these gatherings that need not be formal public hearings.
(iv) Identifying and applying other processes and procedures to accomplish the appropriate level of public involvement.
(9) The meetings described above should not be public hearings in the early stages of evaluating a proposed action. Public hearings do not substitute for the full range of public involvement procedures under the purposes and intent of (a) of this appendix.
(10) Public surveys or polls to identify public opinion of a proposed action will be performed (AR 335-15, chapter 10).
(d) Preparing the Notice of Intent. In preparing the NOI, the proponent will:
(1) In the NOI, identify the significant issues to be analyzed in the EIS.
(2) In the NOI, identify the office or person responsible for matters related to the scoping process. If they are not the same as the proponent of the action, make that distinction.
(3) Identify the lead and cooperating agency, if already determined ( 40 CFR 1501.5 and 1501.6 ).
(4) Identify the method by which the agency will invite participation of affected parties; and identify a tentative list of the affected parties to be notified.
(5) Identify the proposed method for accomplishing the scoping procedure.
(6) Indicate the relationship between the timing of the preparation of environmental analyses and the tentative planning and decision-making schedule including:
(i) The scoping process itself.
(ii) Collecting or analyzing environmental data, including studies required of cooperating agencies.
(iii) Preparation of DEISs and FEISs.
(iv) Filing of the ROD.
(v) Taking the action.
(7) For a programmatic EIS, preparing a general expected schedule for future specific implementing actions that will involve separate environmental analysis.
(8) If applicable, in the NOI, identify the extent to which the EIS preparation process is exempt from any of the normal procedural requirements of this part, including scoping.
32C.F.R. 651 app D to Part 651