20130408_218ObjectionFlowchart

Report
Objection Process
(36 CFR 218) For
Non-HFRA Projects
•
•
Development of EA or DEIS
Published in newspaper of record
Posted on Web w/in 4 calendar
days
Includes NOA in Federal Register
for DEIS
•
Legal Notice for Comment
30-day comment period for EA;
minimum 45-day for EIS
Complete EA or FEIS
Objectors must have
provided specific written
comments.
Make EA or FEIS, and draft decision
document available to those who have
requested or are eligible to object
Issues raised in objection
must be based on previous
comments unless they are
based on new information
that arose after the
opportunity to comment.
Legal Notice of “Opportunity to
Object” Published in
Newspaper of Record
•
•
45 Days
Response must be written – Need not be
Objection(s) Filed
point to point response.
45 Days – may
be extended by
Reviewing Officer
for up to 30 days
Resolution
Response to
Objection
No Objection Filed
Published in newspaper of record
Posted on Web w/in 4 calendar
days
1. Project may be implemented
immediately after decision is signed.
2. If no objection is filed implementation
may occur on, but not before the 5th
business day following the end of the
objection-filing period.
meeting(s) with
Objector(s)
Project Implementation
Decision can be
signed as soon as
written objection
response is made
No legal notice necessary
DN/FONSI or ROD Issued
2 (See Above)
1 (See Above)
Objection Process
(36 CFR 218) For
HFRA Projects
Development of EA or DEIS
Includes NOA in Federal Register
and minimum 45-day comment
period for DEIS
Public comment opportunity
consistent with NEPA
Complete EA or FEIS
Objectors must have
provided specific written
comments.
Issues raised in objection
must be based on previous
comments unless they are
based on new information
that arose after the
opportunity to comment.
Make EA or FEIS, and draft decision
document available to those who have
requested or are eligible to object
Legal Notice of “Opportunity to
Object” Published in
Newspaper of Record
•
•
30 Days
Response must be written – Need not be
point to point response.
Response to
Objection
30 Days
Objection(s) Filed
No Objection Filed
Published in newspaper of record
Posted on Web w/in 4 calendar
days
1. Project may be implemented
immediately after decision is signed.
2. If no objection is filed implementation
may occur on, but not before the 5th
business day following the end of the
objection-filing period.
Resolution
meeting(s) with
Objector(s)
Project Implementation
Decision can be
signed as soon as
written objection
response is made
No legal notice necessary
DN/FONSI or ROD Issued *
2 (See Above)
1 (See Above)

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