13
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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.
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hg
women

_2Simple -assertions aboutexpectedenvi
yitotiental
impacts; the Statement must: also réflecttHe.

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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

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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.

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