Hank Johnson: “I would like to respond. First, in the narrowed circumstances in which an agency may supplement an environmental impact…”

“I would like to respond. First, in the narrowed circumstances in which an agency may supplement an environmental impact statement under the bill, the lead agency ``may'' solicit comments from agencies and the public for not more than 30 days beginning on the date of the publication of the supplement. CEQ regulations require an agency to provide for a 45-day public review and comment period, although there is also a provision in the CEQ regulations that allows CEQ to approve alternative procedures for supplemental EISs if circumstances warrant a deviation from the normal process. Secondly, under the bill, each participating agency is to limit its comments on a project to areas within the authority and expertise of the agency and identify statutory authority for their comments. It specifically prohibits the lead agency from acting upon, responding to or including any document that is ``outside of the authority and expertise of the commenting participating agency.'' This is inconsistent with the CEQ regulations, which allow all agencies--whether local, tribal, State, or Federal--to comment on any substantive issue relative to the NEPA analysis, just as all members of the public should be able to do. So, finally, I would just point out that, if we are talking about efficiency and if we are talking about the common good, it does the public no good to cut out public comment from this process.…”