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Note:  This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication.  The official version of this document is the document that is published in the Federal Register.

year of identification.”

Discussion: To ensure compliance with the requirements in

§303.120(a)(2)(iv), States must demonstrate improvement in

the implementation of their Part C programs; under

§§303.700 through 303.702, each lead agency reports in its

APR on its improvement efforts under the SPP. For example,

by correcting noncompliance in accordance with §303.120(a)

(2)(iv) a State might require an EIS program or EIS provider to revise any noncompliant policies, procedures, and practices to be consistent with the requirements of Part C of the Act. Additionally, in order to comply with

§303.120(a)(2)(iv), a State might demonstrate improvement

through, for example, follow-up review of data, other appropriate documentation, or through interviews showing that the noncompliant policies, procedures, and practices were corrected and are consistent with Part C requirements. Demonstration of improvement is an integral part of

§303.120(a)(2)(iv) and the State’s SPP/APR reporting; for

this reason, we decline to make the requested change to

§303.120(a)(2)(iv).

Changes: None.

Comment: One commenter recommended that the regulations expressly require all EIS providers, including those who do not receive Federal Part C funds from the lead agency, to