Disclaimer: You have been directed to the updated reference for this information. 516 DM 4.19(A) has been replaced by 43 CFR 46.435(D).
The Department finalized and published its NEPA procedures in the Code of Federal Regulations (43 CFR Part 46) on October 15, 2008. Previously, the Department’s NEPA procedures were included in Part 516, Chapters 1 – 6 of the DM. Portions of Chapters 1 - 6 that were not converted into the regulations are revised and updated in Chapters 1 – 3 of Part 516 as information and explanatory guidance. Chapter 7 was not included in the final rule because it provides internal administrative guidance specific to Departmental review of environmental documents prepared by other Federal agencies. Chapter 7 is revised and renumbered as Chapter 4.
Click here for full text - 43 CFR Part 46
43 CFR 46.435: Inviting Comments
(a) A bureau must seek comment from the public as part of the Notice of Intent to prepare an environmental impact statement and notice of availability for a draft environmental impact statement;
(b) In addition to paragraph (a) of this section, a bureau must request comments from:
(1) Federal agencies;
(2) State agencies through procedures established by the Governor of such state under EO 12372;
(3) Local governments and agencies, to the extent that the proposed action affects their jurisdictions; and
(4) The applicant, if any, and persons or organizations who may be interested or affected.
(c) The bureau must request comments from the tribal governments, unless the tribal governments have designated an alternate review process, when the proposed action may affect the environment of either:
(1) Indian trust or restricted land; or
(2) Other Indian trust resources, trust assets, or tribal health and safety.
(d) A bureau does not need to delay preparation and issuance of a final environmental impact statement when any Federal, State, and local agencies, or tribal governments from which comments must be obtained or requested do not comment within the prescribed time period.