Ed_gov_transparent ED.gov - Link to ED.gov Home Page

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.

Comment: None.

Discussion: We have revised the heading of subpart H to reflect the titles and sequence of the sections in this subpart.

Changes: We have changed the title of subpart H by

removing the terms “administration” and “technical

assistance” and adding the term “reporting.” We also have

reordered the words in the title to better reflect the order of the sections in this subpart.

State monitoring and enforcement (§303.700)

Comment: One commenter recommended that §303.700(a)(2),

which requires lead agencies to make determinations annually about the performance of EIS programs using the

categories in §303.703(b), be deleted because the

requirements have no statutory authority.

Discussion: We disagree with the commenter. Section 303.700(a)(2) requires lead agencies to make annual determinations about the performance of EIS programs. This requirement is consistent with sections 616(a)(1)(C), (a) (3), (b)(2)(C)(i), (b)(2)(C)(ii)(I), and (e) and 642 of the Act.

Sections 616(a)(1)(C) and 642 of the Act require the Secretary to require States (and the designated lead agencies charged with implementing Part C of the Act in the