[Federal Register Volume 66, Number 231 (Friday, November 30, 2001)]
[Notices]
[Pages 59788-59789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29801]


=======================================================================
-----------------------------------------------------------------------

COUNCIL ON ENVIRONMENTAL QUALITY


Comment Request; Notice of Public Meeting

AGENCY: Council of Environmental Quality.

ACTION: Request for comments and notice of public meeting.

-----------------------------------------------------------------------

SUMMARY: The Council on Environmental Quality (CEQ) regulations for 
implementation of the National Environmental Policy Act (NEPA) includes 
procedures for referring to CEQ federal interagency disagreements 
concerning proposed major federal actions that might cause 
unsatisfactory environmental effects (40 CFR part 1504).
    On October 16, 2001 CEQ received a referral from the Department of 
Commerce National Oceanic and Atmospheric Administration (NOAA) 
regarding the Department of the Army Corps of Engineers (COE) Final 
Supplement III to the Final Environmental Impact Statement (FEIS) for 
the Manteo (Shallowbag) Bay Project (MSBP) located in Dare County, 
North Carolina. The referral letter from NOAA stated in part:

    The selected alternative identifies construction of a dual jetty 
system and channel deepening from the present 14 feet to a design 
depth of 20 feet, to improve navigation at Oregon Inlet. The project 
would be built on the dynamic barrier islands of the Outer Banks. 
NOAA strongly supports the goal of providing safe navigation for the 
commercial and recreational fishing vessels using Oregon Inlet. 
However, we believe there are alternatives that can achieve this 
goal in an environmentally acceptable manner. Accordingly, NOAA is 
compelled to disagree with the COE's selected alternative of jetty 
construction because it would cause unacceptable environmental harm 
to commercial and recreational fishery resources.

    The COE responded to the referral with a cover letter dated 
November 13, 2001 and five accompanying documents:
     ``Literature Review for the Assessment of Larval Fish and 
Shellfish Movement through Oregon Inlet and the Potential Effects of 
Inlet Stabilization by Jetties'' (July 1980)
     ``Oregon Inlet Larval Transport Sensitivity Study'' 
(October 1980)
     Correspondence from David R. Colby, Fishery Biologist, 
National Marine Fisheries Center, Beaufort, NC (May 1980)
     ``Larval Fish and Shellfish Transport through Inlets'' 
(1988)
     ``A Brief Review of Flow Circulation in the Vicinity of 
Natural and Jettied Inlets: Tentative Observations on Implications for 
Larval Transport at Oregon Inlet, NC''
    The COE maintained in the cover letter that their accompanying 
documents fully address the referral issues elevated by NOAA.
    CEQ invites written comments on the issues raised by NOAA. We also 
intend to hold a public meeting at 7 pm on December 12 to take comment 
on the issues raised by the referral.

DATES: We will accept written comments until January 18, 2002. The 
public meeting date and time is December 12, 2001, at 7 p.m.

ADDRESSES: Because of restrictions related to security within the 
Executive Office of the President, we cannot receive comments via U.S. 
mail or any other mail delivery system. You may send comments by 
electronic mail (e-mail) to [email protected] or you may fax 
comments to the attention of Bill Perhach at (202) 456-0753. If a 
commentator does not have access to e-mail or fax to transmit comments, 
please call Dinah Bear, General Counsel, at (202) 395-7421 to arrange 
for an alternative system. The public meeting location is the Dare 
County Administrative Annex, 204 Ananias Street, Manteo, North 
Carolina.

FOR FURTHER INFORMATION CONTACT: Interested parties can review relevant 
documents at our website at http://www.whitehouse.gov/ceq/referrals or 
call Bill Perhach at (202) 395-0826 to arrange for transmittal of 
documents.

SUPPLEMENTARY INFORMATION:

I. Abstract/The Referral Process

    One of the duties and functions of CEQ is to review and appraise 
the various programs and activities of the Federal Government in light 
of the policy set forth in title I of the National

[[Page 59789]]

Environmental Policy Act (NEPA) for the purpose of determining the 
extent to which such programs and activities are contributing to the 
achievement of such policy, and to make recommendations to the 
President with respect thereto. 42 U.S.C. 4344(3). The CEQ referral 
process permits federal agencies to bring to CEQ interagency 
disagreements concerning proposed major federal actions that might 
cause unsatisfactory environmental effects. Under CEQ regulations, 40 
CFR part 1504, any federal department or agency may refer a proposed 
major federal action to CEQ no less than 25 days after the final 
Environmental Impact Statement (EIS) has been made available to the 
public commenting agencies, and the Environmental Protection Agency. A 
federal agency that intends to refer a proposal to CEQ must first 
notify the lead agency of its intentions at the earliest possible time. 
If the issues are not resolved between the agencies after publication 
of the final EIS, and the agency wishes to refer the proposal to CEQ, 
the referring agency must send a letter and a statement to CEQ and the 
lead agency and request that no action be taken to implement the 
proposal until CEQ acts upon the referral. The statement accompanying 
the referral letter must: (1) Identify the material facts in the 
controversy; (2) identify environmental policies or requirements that 
would be violated by the proposal; (3) present the reasons why the 
referring agency believes the proposal is environmentally 
unsatisfactory; (4) contain a finding that the issue raised is of 
national importance; (5) review the steps taken by the referring agency 
to resolve the matter with the lead agency prior to referral; and (6) 
offer the referring agency's recommendations in regard to the proposed 
action. The lead agency for the proposal then has 25 days to respond to 
the referring agency's letter and statement. Interested parties, both 
in and outside of government, may deliver written views regarding the 
referral to CEQ. Within 25 days of the last agency action regarding the 
referral, CEQ may take one of seven actions:
    (1) Conclude that the process of referral and response has 
successfully resolved the problem.
    (2) Initiate discussions with the agencies with the objective of 
mediation with referring and lead agencies.
    (3) Hold public meetings or hearings to obtain additional views and 
information.
    (4) Determine that the issue is not one of national importance and 
request the referring and lead agencies to pursue their decision 
process.
    (5) Determine that the issues should be further negotiated by the 
referring and lead agencies and is not appropriate for Council 
consideration until one or more heads of agencies report to the Council 
that the agencies' disagreements are irreconcilable.
    (6) Publish its findings and recommendations (including where 
appropriate a finding that the submitted evidence does not support the 
position of an agency).
    (7) When appropriate, submit the referral and response together 
with the Council's recommendation to the President for action. 40 CFR 
1504.3(f). Initiation of mediation, public hearings or meetings, or a 
determination of further negotiation must be completed by the Council 
within 60 days of the Council's action under 40 CFR 1504.3(f).

II. Request for Comments

    Written comments on the issues raised by NOAA in their referral are 
requested by January 18, 2002.

    Dated: November 27, 2001.
James L. Connaughton,
Chairman, Council on Environmental Quality.
[FR Doc. 01-29801 Filed 11-29-01; 8:45 am]
BILLING CODE 3125-01-P