resource for planning intelligence in a study area, and their involvement in Corps planning studies from the very beginning can serve to eliminate duplication of effort and can provide valuable leads as to local sources of data and area plans. Inasmuch as most areawide clearinghouses are COG's (Councils of Governments), they provide a direct link to local governments in the area and can assist Corps officers with intergovernmental contacts. Reporting officers are encouraged to establish effective and working relationships with appropriate State and areawide clearinghouses and to utilize their available resources.

§ 384.7 Coordination Procedures for Civil Works Programs Covered by Part II (Except Regulatory Program and Aquatic Plant Control Program).

Corps planning is conducted in accordance with policies and procedures established under a number of legislative and executive authorities. The primary regulations governing coordination of planning activities are Parts 290, § 209.410, and 380 of this chapter. The following paragraphs clarify these regulations as they relate to coordination with A-95 clearinghouses, as required by paragraph 2 of Part II.

(a) Early Coordination with Clearinghouses. Clearinghouses shall be placed on mailing lists for Corps planning activities listed under § 384.6(b), and will, therefore, receive all notices of initiation of studies, notices of public meetings, and announcements of Corps recommendations at the conclusion of studies. In addition, the reporting officer should provide the clearinghouse with a copy of the mailing list to avoid duplication of effort.

(1) Continuing Authorities Program (33 CFR Part 263). Reporting officers shall furnish to appropriate State and areawide clearinghouses notification of their initiating a reconnaissance study, together with a copy of the letter from the State or local entity which requested assistance, for the purposes of obtaining input for the study. Reporting officers shall provide clearinghouses the results of reconnaissance studies following approval

by the Division Engineer. Clearinghouses shall again be notified by the reporting officer when a feasibility study is commenced.

(2) Level C Feasibility Studies Specifically Authorized by Congress. Reporting officers shall notify State and areawide clearinghouses of the initiation of feasibility studies and invite input to the Plan of Study, as a part of their public involvement program.

(3) Advanced Engineering and Design of Projects Authorized by Congress. Reporting officers shall insure that State and areawide clearinghouses are notified of the initiation of advanced engineering and design studies and included in public involvement programs for the reevaluation of the authorized project. Information obtained from clearinghouses may be particularly useful in determining whether conditions have changed since completion of the preauthorization feasibility study.

(4) Project Master Planning. Project Master Plans are developed for projects which will be operated and maintained by the Corps of Engineers, in accordance with ER 1120-2-400. Clearinghouses are involved early in project master planning through the advanced engineering and design stages of project development and shall be provided the opportunity of reviewing draft Master Plans and updated Master Plans.

Clearinghouses

(5) Construction. shall be informed in a timely manner of any changes to Corps plans which may impact on other State areawide or local development plans. Clearinghouses shall also be informed of other activities for which public notice is required by other regulations, such as real estate acquisition (see ER 405-2150).

(b) Compatibility with State, Areawide and Local Plans. The Corps planning process requires the consideration of State, areawide and local plans. Corps planning reports provide the rationale for recommending a particular course of action and discuss the assessment and evaluation of other feasible alternatives. Explanations of any necessary inconsistency or incompatibility with State, areawide or local

development plans shall be made an integral part of this evaluation.

(c) Clearinghouse Review of Corps Plans. By law, the Corps must coordinate its planning reports with affected States and a number of Federal agencies. The Chief of Engineers also has agreements with other Federal agencies for reviewing Corps reports. Under the provisions of the National Environmental Policy Act of 1969 (NEPA), the Council on Environmental Quality has provided Federal agencies with guidelines for coordinating Environmental Impact Statements (EIS) with one another and with State and local agencies (Appendix B). These guidelines are applicable to Corps EIS's coordinated under programs listed in § 384.6(b).

(1) Unless otherwise required by law or the Governor of a State, Corps field offices shall consider the Governor's designated representative for civil works programs the lead State agency for obtaining comments on draft reports and EISS. To facilitate review by other agencies, (and the State clearinghouse in the event it is not the Governor's designated representative), reporting officers shall transmit information copies of the letter sent to the Governor's representative, together with sufficient copies of draft reports and EISS, directly to other known interested agencies. The letter should inclose a list of all State agencies to which the report has been transmitted.

(2) In the case of proposed actions or projects in the coastal zone, reporting officers shall insure that the State agency responsible for administration of the coastal zone is, in addition to the agencies designated in paragraph (c)(1) of this section, provided the opportunity to review and comment on draft reports and draft environmental impact statements, as well as provide input to the planning process in preparing such documents.

(3) Reporting officers shall transmit draft reports and draft environmental impact statements directly to appropriate areawide clearinghouses for review and comment.

(4) Reporting officers shall allow a minimum of 30 days for review and

comment on draft reports. In the case of reports being reviewed together with a draft of final EIS, the comment periods required by ER 1105-2-507 are computed from the date of publication of the EIS in the FEDERAL REGISTER (§ 209.410 (k)(1) of this chapter). Reporting officers need not delay the processing of a report beyond the specified comment period unless an extension has been requested by the clearinghouse and granted.

(d) Use of Standard Form 424 (Appendix A). The Standard Form 424 may be utilized by reporting officers to notify State and areawide clearinghouses of final action on proposed Federal projects under the Continuing Authorities Program (33 CFR 263). If not used, another method of accomplishing the purposes of the form, as stated in paragraphs (d) (1), (d) (2), ar. (d) (3) of this section, shall be adopted.

(1) If Standard Form 424 is used it should accompany draft reports and draft Environmental Impact Statements transmitted to State and areawide clearinghouses for comment. The Corps would complete Section I in accordance with instructions tained in Appendix A. In this manner, a State Application Identifier (Item 3 of SF 424) shall be obtained. If the Standard Form 424 is not used, a State Application Identifier should be obtained by an alternative means.

con

(2) The reporting officer shall notify appropriate State and areawide clearinghouses within seven days of receipt of notification of action by the Chief of Engineers on a proposed Federal project, concurrently or following notification of appropriate Congressional and local interests. The Corps should complete Sections I and III if a Standard Form 424 is used. Since a letter of intent is required from nonfederal interests for local cooperation requirements prior to project approval, completion of Section II is not required.

(3) If a clearinghouse has recommended against approval of a plan, and the Chief of Engineers approves the plan, or if a clearinghouse recommends specific and major substantive changes to a plan and the plan is ap

proved without such changes, then the reporting officer shall furnish the clearinghouse an explanation in writing. If the Standard Form 424 is used, Section IV should be completed by the Corps. The reporting officer shall have a meeting to discuss the Corps action with the clearinghouse and other affected interests, if so requested.

(4) The Standard Form 424 may be obtained by submitting a requisition in FEDSTRIP/MILSTRIP format to the GSA regional office providing support to the requesting activity. The National Stock Number is #7540-008-8162.

(e) Distribution of State Pamphlets. To keep State and areawide clearinghouses informed of the status of projects authorized by Congress, District Engineers shall insure that clearinghouses receive copies of State Pamphlets as they are updated (reference ER 360-1-1).

§ 384.8 Coordination Procedures for Aquatic Plant Control Program.

Pending issuance of the final regulation on the Aquatic Plant Control Program, the proposed regulation published in the FEDERAL REGISTER on 5 February 1975 (reference § 384.6(b)(1)) shall be utilized for program planning and coordination. The following coordination shall be effected with clearinghouses to fulfill the requirements of Part II:

(a) Reporting officers shall notify appropriate State and areawide clearinghouses when initiating a reconnaissance investigation and shall give such clearinghouses an opportunity to provide input during this early stage of planning.

(b) Reporting officers shall coordinate draft State Design Memoranda with appropriate State and areawide clearinghouses prior to submitting these reports to the Chief of Engineers for approval.

(c) Environmental Impact Statements (EIS), when required, shall be coordinated with State and areawide clearinghouses, in accordance with the guidelines in § 384.7(c) of this regulation and the requirements of Part 209.410 of this chapter.

$384.9 Regulatory Program.

The Corps will coordinate its review of applications for permits for activities in navigable waters with State and areawide clearinghouses in addition to the agency or individual delegated to act for the State, in accordance with interim final regulations adopted 25 July 1975 (see § 384.3(c)).

(a) Public Notice. Reporting officers shall transmit copies of public notices, required by § 209.120(1)(1)(ii) of this chapter, to appropriate State and areawide clearinghouses for comment.

(b) Environmental Impact Statement (EIS). If the reporting officer determines that an EIS is required for a permit, copies of the draft EIS shall be transmitted to State and areawide clearinghouses for comment in accordance with § 209.410(n) of this chapter and § 209.120 (i)(1)(iv) of this chapter.

(c) Public Hearing. If the reporting officer holds a public hearing on a permit application, in accordance with § 209.133 of this chapter, notices of such hearing shall be transmitted to State and areawide clearinghouses in accordance with 33 CFR 209.120()(1)(iv).

(d) Notice of Final Action on Permit applications. Reporting officers will insure that the monthly notices listing permits issued and denied in the previous month, required

by

§ 209.120(i)(1)(vii) of this chapter, are provided to appropriate State and areawide clearinghouses.

§ 384.10 Coordination Procedures for Civil Works Programs Under Part IV.

(a) Level A and Level B Planning. The Water Resources Council assigns and funds Level A (Framework) and Level B (River Basin) studies. Corps offices, if given a leadership role in such studies, shall establish a Memorandum of Agreement with the designated areawide comprehensive planning agency in accordance with paragraph 3 of Part IV and Part 252 of this chapter.

(b) Urban Studies Program. Comprehensive guidelines for the conduct of urban studies by the Corps of Engineers are contained in Part 264 of this chapter. Coordination with A-95 clearinghouses is discussed in para

11a(3). Clearinghouses shall be involved in Corps planning activities under the Urban Studies Program in accordance with § 384.7, to the extent the Urban Study is similar to a Corps Level C implementation study.

(c) Flood Plain Management Services Program (FPMS).

(1) Technical Services. Reporting officers shall transmit to State and areawide clearinghouses a copy of information provided to local communities under the Corps technical assistance program, if the reporting officer feels the information would be of value to such planning agencies.

(2) Flood Plain Information Studies (FPI). (i) Although not stated in the Catalog of Federal Domestic Assistance, all requests to Corps field offices for FPI studies are referred to a designated State agency for comment prior to Corps funding of the study (EP 1165-2-303). Reporting officers shall arrange with the designated State agency procedures by which the State clearinghouses may have an opportunity to comment on such requests, if the designated State agency is not also the A-95 clearinghouse. Reporting officers also shall provide the appropriate areawide clearinghouse with the request for comment, and shall allow a minimum of 30 days prior to taking action on the request, unless the clearinghouse states it has no com

ments.

(ii) Reporting officers shall furnish appropriate State and areawide clearinghouses copies of final FPI reports. The number of copies shall be arranged with the clearinghouses.

§ 384.11 A-95 Liaison Officer.

The Corps Regional Representatives to the Federal Regional Councils, as designated by ER 1165-2-22, will also serve as A-95 Liaison Officers to the appropriate Council. The Liaison Officers will be the central contact point with the Council on A-95 matters as they affect the Corps Civil Works mission in the Region, in accordance with the procedures set forth in ER 1165-222.

§ 384.12 Directory of A-95 Clearinghouses. The directory of clearinghouses may be found in DA Pam 210-4.

§ 384.13 Effective date.

This regulation will be effective 29 April 1976, as published in the FEDERAL REGISTER and revised, as appropriate, based on comments received from the public and Corps field offices.

APPENDIX B-CEQ GUIDELINES FOR EIS

REVIEW

APPENDIX IV—STATE AND LOCAL AGENCY REVIEW OF IMPACT STATEMENTS

1. OMB Circular No. A-95 through its system of clearinghouses provides a means for securing the views of State and local environmental agencies, which can assist in the preparation of impact statements. Under A-95, review of the proposed project in the case of federally assisted projects (Prt I of A-95) generally takes place prior to the preparation of the impact statement. Therefore, comments on the environmental effects of the proposed project that are secured during this stage of the A-95 process represent inputs to the environmental impact statement.

2. In the case of direct Federal development (Part II of A-95), Federal agencies are required to consult with clearinghouses at the earliest practicable time in the planning of the project or activity. Where such consultation occurs prior to completion of the draft impact statement, comments relating to the environmental effects of the proposed action would also represent inputs to the environmental impact statement.

3. In either case, whatever comments are made on environmental effects of proposed Federal or federally assisted projects by clearinghouses, or by State and local environmental agencies through clearinghouses, in the course of the A-95 review should be attached to the draft impact statement when it is circulated for review. Copies of the statement should be sent to the agencies making such comments. Whether those agencies then elect to comment again on the basis of the draft impact statement is a matter to be left to the discretion of the commenting agency depending on its resources, the significance of the project, and the extent to which its earlier comments were considered in preparaing the draft statement.

4. The clearinghouses may also be used, by mutual agreement, for securing reviews

'Source: Appendix IV to 40 CFR 1500, Preparation of Environmental Impact Statements: Guidelines.

of the draft environmental impact statement. However, the Federal agency may wish to deal directly with appropriate State or local agencies in the review of impact statements because the clearinghouses may be unwilling or unable to handle this phase of the process. In some cases, the Governor may have designated a specific agency. other than the clearinghouse, for securing reviews of impact statements. In any case, the clearinghouses should be sent copies of the impact statement.

5. To aid clearinghouses in coordinating State and local comments, draft statements should include copies of State and local agency comments made earlier under the A95 process and should indicate on the summary sheet those other agencies from which comments have been requested, as specified in Appendix I of the CEQ Guidelines.

PART 393-FEASIBILITY REPORTS: SYSTEM OF ACCOUNTS (ER 11052-921)