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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.

Changes: None.

Comment: One commenter expressed concern that the

Department uses the terms “program” and “provider”

inconsistently throughout these regulations and that the

reference in §303.700(a)(3) to EIS program should instead

or also include a reference to an EIS provider.

Discussion: We recognize that clarification is needed in

the use of the term EIS program in §303.700(a)(3),

regarding the available appropriate enforcement mechanisms

identified in §§303.700(a)(3) and 303.704(a)(2) that the

lead agency must use if it determines (for two consecutive years) that an EIS program needs assistance. If the lead agency determines for two consecutive years that an EIS program needs assistance, it must take one of two actions: (1) advise the EIS program of available sources of technical assistance that may help the EIS program or (2) impose conditions on the funds it provides to the EIS program, or if the lead agency provides funds to an EIS provider (that is part of the EIS program) that is partially the reason the EIS program is in need of

assistance for two years, then the EIS provider. If the

lead agency provides Part C funds to an EIS provider, it

may be appropriate for the lead agency to impose conditions on the Part C funds that the lead agency provides to the