40 C.F.R. § 1506.6 : Protection of Environment — COUNCIL ON ENVIRONMENTAL QUALITY — NATIONAL ENVIRONMENTAL POLICY ACT IMPLEMENTING REGULATIONS — OTHER REQUIREMENTS OF NEPA — Public involvement

Agencies shall:

(a) Make diligent efforts to involve the public in preparing and implementing their NEPA procedures (§ 1507.3 of this chapter).
(b) Provide public notice of NEPA-related hearings, public meetings, and other opportunities for public involvement, and the availability of environmental documents so as to inform those persons and agencies who may be interested or affected by their proposed actions. When selecting appropriate methods for providing public notice, agencies shall consider the ability of affected persons and agencies to access electronic media.
(1) In all cases, the agency shall notify those who have requested notice on an individual action.
(2) In the case of an action with effects of national concern, notice shall include publication in the Federal Register. An agency may notify organizations that have requested regular notice.
(3) In the case of an action with effects primarily of local concern, the notice may include:
(i) Notice to State, Tribal, and local agencies that may be interested or affected by the proposed action.
(ii) Notice to interested or affected State, Tribal, and local governments.
(iii) Following the affected State or Tribe's public notice procedures for comparable actions.
(iv) Publication in local newspapers (in papers of general circulation rather than legal papers).
(v) Notice through other local media.
(vi) Notice to potentially interested community organizations including small business associations.
(vii) Publication in newsletters that may be expected to reach potentially interested persons.
(viii) Direct mailing to owners and occupants of nearby or affected property.
(ix) Posting of notice on and off site in the area where the action is to be located.
(x) Notice through electronic media ( e.g., a project or agency website, email, or social media).
(c) Hold or sponsor public hearings, public meetings, or other opportunities for public involvement whenever appropriate or in accordance with statutory requirements applicable to the agency. Agencies may conduct public hearings and public meetings by means of electronic communication except where another format is required by law. When selecting appropriate methods for public involvement, agencies shall consider the ability of affected entities to access electronic media.
(d) Solicit appropriate information from the public.
(e) Explain in its procedures where interested persons can get information or status reports on environmental impact statements and other elements of the NEPA process.
(f) Make environmental impact statements, the comments received, and any underlying documents available to the public pursuant to the provisions of the Freedom of Information Act, as amended ( 5 U.S.C. 552 ).

40 C.F.R. §1506.6

85 FR 43370, 9/14/2020