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specific SPP/APR indicator because the Secretary must retain flexibility to revise indicators as necessary.

Changes: None.

Comment: One commenter objected to the language in

§303.700(e) that requires a State, when it identifies

noncompliance with the requirements of Part C of the Act by EIS programs and EIS providers, to ensure that the noncompliance is corrected as soon as possible and in no

case later than one year after the State’s identification

of the noncompliance. The commenter suggested that a one- year timeline for correction is unreasonable. In contrast,

a few commenters recommended that §303.700(e) be revised to

require that all identified noncompliance be corrected as

soon as possible, but no later than 90 days after identification.

Discussion: Correcting noncompliance as soon as possible is a critical responsibility of lead agencies and EIS providers, and, as discussed in the preamble of subpart B

of these regulations, the Department’s position is that

correction as soon as possible but no later than one year is a reasonable timeframe for an EIS provider to correct noncompliant policies, procedures, or practices and for the lead agency to verify that the EIS program or EIS provider is complying with the requirements of Part C of the Act.