13 - 14 of the NEPA procedures of the Corps of In connection with the developEngineers.) ment of such a procedure, an agency should consider maintaining a list of statements under preparation, revising the list as additions are made and making the list available for public inspection. Draft Statement Reference to Underlying Documents. The concern that underlies many of the judicial ot interpretations of the §102 requirement is “one of ensuring that the 102 process provides an adequate opportunity for comment and. participation by other agencies as well as interested members of the public. In addition, the requirement ‘that agencies . =... consider and réspond .to opposing viewssuggests... we ie sp epee the 102“statement mustConsistof moreithan. 9-7 hg women _2Simple -assertions aboutexpectedenvi yitotiental impacts; the Statement must: also réflecttHe. => -+ underlying information on which those assertions are based. One of the primary reasons for the injunction issued in EDF v. Corps of Engineers, for example, was the discrepancy between assertions made in the impact statement and the evidence on which those assertions_were based. ~ -~See2 ERC at=3267=69. -This problemGan” aargely be avoided by indicating in the draft statement Yy the basis relied on for assertions that are likely to prove controversial or debatable. Recommendation #6: Draft statements should indicate the underlying studies, reports, and other information obtained - and considered by the agency in preparing the statement. The agency should also indicate how such documents may be obtained. If the documents are attached to the state- ment, care should be taken to ensure that the statement remains an essentially self- contained instrument, easily understood by the reader without the need for undue cross-reference. a: Se yh “| Dose us - aie an