Office of Enforcement    EPA/300/R-92/002
            Washington, DC 20460   April 1981
Scoping Guidance

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                   EXECUTIVE OFFICE OF THE PRESIDENT
                      COUNCIL ON ENVIRONMENTAL. QUALITY
                               7a JACKSON PLACE. N. w.
                               WASHINGTON. 0. C. ZOOM
                                                    April 30, 1981



MEMORANDUM FOR GENERAL COUNSELS, NEPA LIAISONS AND PARTICIPANTS IN SCOPING

SUBJECT:       Scoping Guidance


As part of its continuing oversight  of the  implementation of the NEPA
regulations, the Council on Environmental Quality has  been investigating
agency experience with scoping.  This is  the  process by vhich the scope of
the issues and alternatives to be  examined  in an SIS is determined.   In a
project led by Barbara Bramble of  the General Counsel's staff,  che Council
asked federal agencies to report their scoping experiences;  Council  scarf
held meetings and workshops in all regions  of the country to discuss
scoping practice; and a contract study was  performed for the Council to
investigate what techniques work best for various kinds of proposals.

Out of this material has been distilled a series of recommendations  for
successfully conducting scoping.   The attached guidance document consists
of advice on what works and what does not,  based on the experience of many
agencies and other participants in scoping.   It contains no  new legal
requirements beyond those in the NEPA regulations.  It is intended to make
generally available the results of the Council's research, and  to encourage
the use of better techniques for ensuring public participation  and effici-
ency in the scoping process.
                                    NICHOLAS C.  YOST
                                    General  Counsel

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                                     INDEX
 I.    Introduction 	      1
       A.   Background of this document  	•	      1
       B.   What scoping is and what it  can do  	      2

 II.   Advice for Government Agencies
         Conducting Scoping 	      3
       A.   General context 	      3
       B.   Step-by-step through the process 	      4
            1.  Start scoping after you have enough
                  information 	      4
            2.  Prepare an information packet 	      4
            3.  Design the scoping process for
                  each project	      3
            4.  Issuing the public notice 	      7
            S.  Conducting a public meeting 	      8
            6.  What to do with the comments 	    10
            7.  Allocating work assignments and
                  setting schedules ..	    12
            8.  A few ideas to try	    12
                a.   Route design workshop	    12
                b.   Hotline	    12
                c.   Videotape  of sites  	    13
                d.   Videotape  meetings  	    13
                e.   Review committee  	    13
                f.   Consultant as meeting moderator 	    13
                g.   Money savings tips	    13
      C.  Pitfalls  	    13
          1.  Closed  meetings 	    13
          2.  Contacting interested  groups  	    14
          3.  Tiering 	    15
      D.  Lead  and  Cooperating  Agencies	    IS

III.  Advice  for Public  Participants 	    17
      A.  Public input is often  only negative  	    18
      B.  Issues are  too  broad  	    18
      C.  Impacts are not identified 	    18

IV.   Brief Points  for Applicants  	    18

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                               SCOPING GUIDANCE
I.  Introduction

    A.  Background of  this document.

In 1978, with  the publication of the  proposed NEPA regulations (since
adopted as formal rules,  40 C.F.R.  Parts 1500-1508), the Council on Envi-
ronmental Quality gave formal recognition to an increasingly "*«K3 term —
scoping.  Scoping is an idea that has long been familiar to those involved
in NEPA compliance:  In order to manage effectively the preparation of an
environmental  impact statement (EIS), one must determine the scope of the
document —  that is, what will be covered, and in what detail.  Planning of
this  kind was  a normal component of EIS preparation.  But the consideration
of issues and  choice of alternatives  to be examined was in too many cases
completed outside of public view.  The innovative approach 03 scoping in
the regulations is that the process is open to the public and state and
local governments, as  well as to affected federal agencies.  This open pro-
cess gives rise to important new opportunities for better and more effici-
ent NEPA analyses,' and simultaneously places new responsibilities on public
and agency participants alike to surface their concerns early.  Scoping
helps insure that real problems are identified early and properly studied;
that  issues  that are of no concern do not consume time and effort; that the
draft statement when first made public is balanced and thorough; and that
the delays occasioned  by re-doing an  inadequate draft are avoided.  Scoping
does not create problems that did not already exist; it ensures that pro-
blems that would have  been raised anyway are identified early in the
Many members of  the public  as well as agency staffs engaged in the NEPA
process have told the Council that the open scoping requirement is one of
the most far-reaching changes engendered by the NEPA regulations.  They
have predicted that scoping could have a profound positive effect on envi-
ronmental analyses, on  the  Impact statement process itself, and ultimately
on decisionmaking.

Because the concept of  open scoping was new, the Council decided to encour-
age agencies' innovation without unduly restrictive guidance.  Thus the
regulations relating to scoping are very simple.  They state that "there
shall be an early and open  process for determining the scope of issues to
be addressed" which "«*vll  be termed scoping," but they lay down few spe-
cific requirements.  (Section 1501.7*}.  They require an open process with
public notice; identification of significant and insignificant issues;
allocation of EIS preparation assignments; identification of related analy-
sis requirements in order  to avoid duplication of work; and the planning of
a schedule for EIS preparation that meshes with the agency's decisionmaking
* All citations are to  the NEPA regulations,  40 C.F.R.  Parts 1500-1508
unless otherwise specified.

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  schedule.   (Section 1501.7(a)).  The regulations encourage, but do not
  require,  setting time limits and page limits for the EIS, and holding  scop-
  ing meetings.   (Section 1501.7(b)).  Aside from these general outlines,  the
  regulations left the agencies on their own.  The Council did not believe,
  and still  does not, that it is necessary or appropriate to dictate the
  specific manner in which over 100 federal agencies should deal with the
  public.  Bowever,  the Council has received several requests for more
  guidance.   In  1980 we decided to investigate the agency and public response
  to  the scoping requirement, to find out what was working and what was  not,
  and to share this  with all agencies and the public.

  The Council first  conducted its own survey, asking federal agencies to
  report some of their scoping experiences.  The Council then contracted with
  the American Arbitration Association and Clark McGlennao Associates to
  survey the scoping techniques of major agencies and to study several
  innovative methods in detail.*  Council staff conducted a two-day workshop
  in  Atlanta in  June 1980,  tao discuss with federal agency NEEA staff and
  several EIS contractors what if.trm  to work best in scoping of different
  types of proposals, and discussed scaping with federal, state and local
 officials  in meetings in all 10 federal regions.

 This document  is a distillation of all the work that has been done so far
 by many people  to  identify valuable scoping techniques.   It is offered as a
 guide to encourage success and to help avoid pitfalls.   Since scoping meth-
 ods are still evolving,  the Council welcomes any cements  on this guide,
 and may add  to  it  or revise it in cming years.

     B.  What scoping is and what it can do.
 Scoping is often the first contact between  proponents of  a  proposal  and the
 public.  This fact is the source of the power of scoping  and of  the  trepi-
 dation that it ^nmetimn evokes.  If a scoping meeting  is held,  people on
 both sides of an issue will be in the  sane  roan and, if all goes well,  will
 speak to each other.  The possibilities that flow from  this situation  are
 vast.  Therefore, a large portion of this docanent is devoted to the pro-
 ductive management of meetings and the de-fusing of possible heated  dis-
Even if a meeting is not held, the seeping process leads EXS preparers  to
think about the proposal early on, in order to explain it to the public and
affected agencies.  The participants respond with &**JT own concerns about
significant issues and suggestions of alternatives.  Thus as the draft  SIS
is prepared,  it will include, from the beginning, a reflection or at least
an acknowledgement of the cooperating agencies' and the public's
This  reduces  the need for changes after the draft is *M «*•*,. because  it
•  The  results  of this examination are reported in "Scoping the Content of
EZSs:   An Evaluation of Agencies' Experiences,* which is available fron the
Council or  the  Resource Planning Analysis Office of the O.S. Geological
Survey, 750 National Center,  Reston, Va.  22092.

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 reduces  the  chances  of overlooking a significant issue or reasonable alter-
 native.   It  also  in  many cases increases public confidence in NEPA and
 thedecisionnaking process,  thereby reducing delays, such as front
 litigation,  later on when implementing the decisions.  As we will discuss
 further  in this document, the public generally responds positively when its
 views  are taken seriously,  even if they cannot be wholly accomodated.

 But  scoping  is not simply another "public relations" meeting requirement.
 It has specific and  fairly limited objectives:  (a) to identify the
 affected public and  agency concerns; (b) to facilitate an efficient SIS
 preparation  process, through assembling the cooperating agencies, assigning
 EIS  writing  tasks, ascertaining all the related permits.and reviews that
 must be  scheduled concurrently, and setting time or page limits; (c) to
 define the  issues and alternatives that will be examined in detail in the
 EIS  while simultaneously devoting less attention and time to issues which
 cause  no concern; and (d) to save time in the overall process by helping to
 ensure that  draft statements adequately address relevant issues, reducing
 the  possibility that new comments will cause a statement to be rewritten or
 supplemented.

 Sometimes the  scoping process enables early identification of a few serious
 problems with  a proposal, which can be changed or solved because the pro-
 posal  is still being developed.  In these cases, scoping the CIS can actu-
 ally lead to the  solution of a conflict over the proposed action itself.
 We have  found  that this extra benefit of scoping occurs fairly frequently.
 But  it cannot  be  expected in most cases, and scoping can still be consid-
 ered successful when conflicts are clarified but not solved.   This guide
 does not presume  that resolution of conflicts over proposals is a principal
 goal of  scoping,  because it is only possible in limited circumstances.
 Instead, the Council views the principal goal of scoping to be an adequate
 and  efficiently prepared CIS.  Our suggestions and recommendations are
 aimed  at reducing the conflicts among affected interests that impede chis
 limited  objective.  But we are aware of the possibilities of more general
 conflict resolution  that are inherent in any productive discussions among
 interested parties.   We urge all participants in scoping processes to be*
 alert  to this  larger context, in which scoping could prove to be the first
 step in  environmental problem-solving.

 Scoping  can  lay a firm foundation for the rest of the decisionmaking pro-
 cess.  If the  EIS can be relied upon to include all the necessary informa-
 tion for formulating policies and making rational choices, the agency will
 be better able to make a sound and prompt decision.  In addition, if it is
 clear  that all reasonable alternatives are being seriously considered, the
 public will  usually  be more satisfied with the choice among them.

 II.  Advice  for Government Agencies Conducting Scoping

    A.   General context.

 Scoping  is a process, not an event or a meeting.  It continues throughout
 the planning for  an  CIS, and may involve a series of meetings, telephone
conversations, or written comments from different interested groups.
Because  it is  a process, participants must remain flexible.  The scope of
an SIS occasionally  may need to be modified later if a new issue surfaces,

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  no matter how thorough the scoping was.  But  it makes  sense to try to set
  the scope of the statement as early as possible.

  Scoping may identify people who already have  knowledge about a site or an
  alternative proposal or a relevant study, and induce them to make it avail-
  able.  This can save a lot of research time and money.   But people will not
  come forward unless they believe their views  and materials will receive
  serious consideration.  Thus scoping is a crucial first step toward buil-
  ding public confidence in a fair environmental  analysis and ultimately a
  fair decisionmaking
  Cne farther point to remember:  the lead agency cannot shed its responsi-
  bility to assess each significant impact or alternative even if one is
  found after scoping.  But anyone who hangs back and fails to raise aoma
  thing that reasonably could have been raised earlier on will have a hard
  time prevailing during later stages of the NEEA process or if litigation
  ensues.   Thus a thorough scoping process does provide sane protection
  against  subsequent lawsuits.

      B.    Step-by-step through the process.

      1.    Start scoping after you have enough information.

  Scoping cannot be  useful until the .agency knows enough about the proposed
  action to identify most of the affected parties, and to present a coherent
 proposal  and  a suggested initial list of environmental issues and alterna-
  tives.  Until that time there is no way to explain to the piM<«- or other
       es  **** you  "a** ttneffl tt 9** involved _in.  So the first stage is to
        pp •Ti^i n»yy ]]\[qfiit*(+]fn teif tjs* applicant, or to comcose a ^a*f
 picture of your proposal,  if it is being developed by the agency.

     2.   Prepare an  information packet.

 In many cases, scoping of  the EXS  has  been  preceded by preparation of  an
 environmental  assessment (EA)  as the basis  for  the decision  to  proceed with
 an EXS.  In such cases,  the EA will, of course,  include the preliminary
 information that is needed.

 If you have not prepared an EA,  you  should  put  together  a brief information
 packet consisting of a description of  the proposal,  an  iMtial  list of
 impacts and alternatives, maps,  drawings, and any  other material or refer-
 ences that can help the  interested public to understand what is being  pro-
 posed.  The proposed work plan of  the EXS is not usually sufficient for
 this purpose.  Such documents rarely contain a description of the  goals  of
 the proposal to enable readers to develop alternatives.

 At  this stage, the purpose of the information is to enable participants  to
 make an  intelligent contribution to scoping the EXS.  Because they will  be
 helping to plan what will be examined during the environmental review, they
 need  to know where you are now in that planning process.

 Include in the packet a brief explanation of what scoping is, and what pro-
cedure will  be used,  to give potential participants a context for  their
involvement.   Be sure to point out that you want comments from participants

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 on very specific matters.   Also reiterate that no decision has yet been
 made on the contents of the EIS, much less on the proposal itself.  Thus,
 explain that you do not yet have a preferred alternative, but that you may
 identify the preferred alternative in the draft EIS.  (See Section
 1502.14(e)).  This should reduce the tendency of participants to perceive
 the proposal as already a definite plan.  Encourage them to focus on recom-
 mendations for improvements to the various alternatives.

 Some of the complaints alleging that scoping can be a waste of time stem
 from the fact that the participants may not know what the proposal is until
 they arrive at a meeting.   Even the most intelligent among us can rarely
 make useful, substantive comments on the spur of the moment.   Don't expect
 helpful suggestions to result if participants are put in such a position.

      3.  Design the scoping process for each project.

 There is no established or required procedure for scoping.  The process can
 be carried out by meetings, telephone conversations, written Garments, or a
 combination of all three.   It is important to tailor the type, the timing
 and the location of public and agency ccranents to the proposal at hand.

 For example, a proposal to adopt a land management plan for a National
 Forest in a sparsely populated region may not lend itself to calling a
 single meeting in a central location.  While people living in the area and
 elsewhere may be interested, any meeting place will be inconvenient for
 most of the potential participants.  One solution is to distribute the
 information packet, solicit written comienLa, list a telephone number with
 the name of the scoping coordinator, and invite comnents to be phoned in.
 Otherwise, small meetings in several locations may be necessary when
 face-to-face communication is important.

 In another case, a site-specific construction project may be proposed.
 This would be a better candidate for a central scoping meeting.  But you
 must first find out if anyone would be interested in attending such a
 meeting.  If you simply assume that a meeting is necessary, you may hire a
 hall and a stenographer, assemble your staff for a meeting, and find that
 nobody shows up.  There are many proposals that just do not generate suffi-
 cient public interest to cause people to attend another public meeting.  So
 a  wise early step is to contact known local citizens groups and civic
 leaders.

 In addition, you may suggest in your initial scoping notice and information
 packet that all those who desire a meeting should gal] to request one.
 That way you will only hear from those who are seriously interested in
 attending.

 The question of where to hold a meeting is a difficult one in many cases.
 Except for site specific construction projects, it may be unclear where  the
 interested parties can be found.  For example, an EIS on a major energy
development program may involve policy issues and alternatives to the pro-
 gram that are of interest  to public groups all over the nation, and to
agencies headquartered in  Washington, D.C., while the physical impacts
might be expected to be felt most strongly in a particular region of the
country.   In such a case,  if personal contact is desired, several meetings

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  would be necessary, especially in the affected region and  in Washington,  to
  enable all interests to be heard.

  As a general guide, unless a proposal has no site specific  impacts, scoping
  meetings should not be confined to Washington.  Agencies should try to
  elicit the views of people who are closer to the affected regions.

  The key is to be flexible.  It nay not be possible to plan the whole scop-
  ing process at the outset, unless you know who all the potential players
  are.   You can start with written ccnnents, move on to an informal meeting,
  and hold further meetings if desired.

  There are several reasons to bold a scoping meeting.  First, some of the
  best effects of scoping stem from the fact that all parties have the oppor-
  tunity to meet one another and to listen to the concerns of the others.
  There is no satisfactory substitute for personal contact to achieve this
  result.   If there is any possibility that resolution of underlying con-
  flicts over a proposal  may be achieved, this is always enhanced by the
 development of personal and working relationships among the parties.

  Second,  even in a conflict situation people usually respond positively when
  they  are treated as  partners in the project review process.  If they  feel
 confident  that their  views were actually heard  and taken seriously, they
 will be more  likely  to  be  satisfied that the decisionnaking process was
 fair  even  if  they disagree with the outcome. It is much easier to show
 people that you are listening to  them if you hold a face-to-face meeting
 where  they  can  see you  writing down their points, than  if their only con-
 tact is through written
 If you suspect that a particular proposal  could  benefit from  a meeting with
 the affected public at any tine during  its review,  the  best tine  to have
 the meeting is during this early scoping stage.  The  fact  that you are
 willing to discuss openly a proposal before you  have  cconitted substantial
 resources to it will often enhance the  chances for  reaching an accord.

 If you decide that a public meeting is  appropriate, you still must decide
 what type of meeting/ or how many meetings, to hold.  We will discuss  meet-
 ings in detail below in •Conducting a Public Meeting.*   But as part of
 designing the scoping process, you must decide between  a single meeting and
 multiple ones for different interest groups, and whether to hold  a separate
 meeting for government agency participants.

 The single large public meeting brings  together all the  interested parties,
 which has both advantages and disadvantages.  If the meeting  is efficiently
 run,  you can cover a lot of interests and  issues in a short time.  And  a
 single meeting does reduce agency travel time and expense.  In some raises
 it may be an advantage to have all interest groups hear  each others' con-
 cerns,  possibly promoting compromise.   It  is definitely  important to have
 the staffs of  the cooperating'agencies,  as well as the lead agency, hear
 the public views  of what the significant issues are; and it will  be diffi-
cult and  expensive for the cooperating agencies to attend several meetings.
But if  there are  opposing groups  of citizens who feel strongly on both
sides of  an issue,  the setting  of the large meeting may needlessly create
tension and an  emotional  confrontation between the groups.  Moreover, seme

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people may feel intimidated  in such a  setting,  and won't express themselves
at all.

The principal drawback of  the large meeting, however,  is that it is gener-
ally unwieldy.  TO keep order, discussion  is limited,  dialogue is diffi-
cult, and often all participants  are frustrated,  agency and public alike.
Large meetings can serve to  identify the interest groups for future discus-
sion, but often little else  is accomplished.  Large meetings often become
"events" where grandstanding substitutes for substantive comments.  Many
agencies resort to a formal  hearing-type format to maintain control, and
this can cause resentments among  participants who come to die meeting
expecting a responsive discussion.

fox these reasons, we recommend that meetings be  kept  anall and informal,
and that you hold several, if necessary, to accomodate the different inter-
est groups.  The other solution is to  break a large gathering into snail
discussion groups, which is  discussed  below.  Using either method increases
the likelihood that participants  will  level with  you and coimunicate their
underlying concerns rather than make an emotional statement just for
effect.

Moreover, in our experience, a separate meeting for cooperating agencies is
quite productive.  Working relationships can be forged for the effective
participation of all involved in  the preparation  of the EIS.   work assign-
ments are made by the lead agency, a schedule may be set for production  of
parts of the draft EIS, and  information gaps can  be identified early. But
a productive meeting such  as this is not possible at the very beginning  of
the process.  It can only  result  from  the  same  sort of planning and prepa-
ration that goes into the  public  meetings.  We  discuss below the special
problems of cooperating agencies, and  their information needs for effective
participation in scoping.

    4.  Issuing the public notice.

The preliminary look at the  proposal,  in which  you develop the information
packet discussed above, will enable you to tell what kind of public notice
will be most appropriate and effective.

    ion 1501.7 of the NEPA regulations requires that a notice of intent  to
prepare an CIS must be pibli^*^  in  the Federal  Register  prior to initia-
ting scoping.*  This means that one  of  the appropriate means of giving
    Several agencies have  found  it  useful  to  conduct scoping for environ-
    mental assessments.  EAs are prepared  where  answering the question of
    whether an CIS is necessary  requires identification of significant
    environmental issues;  and consideration of alternatives in an EA can
    often be useful even where an CIS  is not  necessary.  In both situations
    scoping can be valuable.  Thus  the Council has stated that scoping nay
    be used in connection  with preparation of an EA, that is, before pub-
    lishing any notice of  intent to prepare an EIS.   As in normal scoping,
    appropriate public notice is required, as well as adequate information
    on the proposal to make scoping worthwhile.   But scoping at this early
    stage cannot substitute for  the normal scoping process unless the ear-
    lier public notice stated clearly  that this  would be the case, and the
    notice of intent expressly provides that  written comments suggesting
    impacts and alternatives for study will still be considered.

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1502.10                     Recommended Format

       Agencies shall use a format for environmental impact statements which will encour-
age good analysis and clear presentation of the alternatives including the proposed action.
The following standard format for environmental impact statements should be followed
unless the agency determines that there is a compelling reason to do otherwise:

(a) Cover sheet.

(b) Summary.

(c) Table of contents.

(d) Purpose of and need for action.

(e) Alternatives including proposed action (sections 102(2)(C)(iii) and 102(2)(E) of the Act).

(f) Affected environment.

(g) Environmental consequences (especially sections 102(2)(C)(i), (ii), (iv), and (v) of the
   Act).

(h) List of preparers.

(i) List of Agencies, Organizations, and persons to whom copies of the statement are sent.

(j) Index.

(k) Appendices (if any).

       If a different format is used, it shall include paragraphs (a), (b), (c), (h), (i), and (j), of
this section and shall include the substance of paragraphs (d), (e), (f), (g), and (k) of this
section, as further described in  1502.11 through 1502.18, in any appropriate format.
                                                  Source: 40 CFR Ch. V (7-1-91 Edition), page 665.

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 public  notice of the upcoming scoping process could be the sane Federal
 Register  notice.  And because the notice of intent oust be published
 anyway, the  scoping notice would be essentially free.  But use of the
 Federal Register is not an absolute requirement, and other means of public
 notice often are more effective, including local newspapers, radio and TV,
 posting notices in public places, etc.  (See Section 1306.6 of the
 regulations.)

 vtiat  is important is that the notice actually reach the affected public. If
 the proposal is an important new national policy in which national environ-
 mental groups  can be expected to be interested,  these groups can be con*
 »-agty3 by fora letter  with ease.  (See the Conservation Directory for a
 list  of national groups.**).  Similarly, for proposals that may have major
 implications for the business coanunity,  trade associations can be helpful
 means of  alerting affected groups.   The Federal  Register notice can be
 relied upon  to notify others that you did not know about.   But the Federal
 Register  is  of little  use for reaching individuals or local groups inter-
 ested in a site  specific  proposal.   Therefore notices in local  papers,  let-
 ters  to local  government  officials  and personal  contact with a few known
 interested individuals would  be  more appropriate.   Land owners  abutting any
 proposed project site  should  be  notified, individually.
          that issuing press releases to newspapers, and radio and TV sta-
 tions is not enough, because they may not be used  by  the media  unless the
 proposal is considered "newsworthy.*  If the proposal is controversial,  you
 can try alerting reporters or editors to an upcoming  scoping meeting for
 coverage in special weekend sections used by many  papers.  But  placing a
 notice in the legal notices section of the paper is the only guarantee that
 it will be published.

      5.  Conducting a public, meeting.

 In our study of agency practice in conducting scoping, the most interesting
 information on what works and doesn't work involves the conduct of meet-
 ings.   Innovative techniques have been developed,  and experience shows that
 these  can be successful.

 One of the most important factors turns out bo be  the training'and experi-
 ence of the moderator.  The O.S. Office of Personnel Management and others
 give training courses on  how to run a meeting effectively.  Specific  tech-
 niques are taught to keep the meeting on course and to deal with confron-
 tations.   These techniques are sometimes called "meeting facilitation
 skills."

When holding a meeting, the principle thing to remember about scoping is
 that it is  a process to initiate preparation of an EIS.   It is not con-
cerned  with the  ultimata  decision on the proposal.   A fruitful  scoping pro-
cess leads  to an adequate environmental  analysis, including all reasonable

**  The Conservation Directory is a publication of the National Wildlife
Federation,  1421  16th St.,  N.W.,  Washington,  D.C.  20036,  S4.CO.

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 alternatives and mitigation measures.  This limited goal is in the  interest
 of all the participants, and thus offers the possibility of agreement by
 the parties on this much at least.  To run a successful meeting you must
 keep the focus on this positive purpose.

 At the point of scoping therefore, in one sense all the parties involved
 have a cannon goal, which is a thorough environmental review.  If you
 emphasize this in the meeting you can stop any grandstanding speeches with-
 out a heavy hand, by simply asking the speaker if he or she has any con-
 crete suggestions for the group on issues to be covered in the EI3.  By
 frequently drawing the meeting back to this central purpose of scoping, the
 opponents of a proposal will see that you have not already made a decision,
 and they will be forced to deal with the real issues.  In addition, when
 people see that you are genuinely seeking their opinion, some win volun-
 teer useful information about a particular subject or site that they may
 know better than anyone on your staff.

 As we stated above, we found that informal meetings in snail groups are the
 most satisfactory for eliciting useful issues and information.  Small
 groups can be formed in two ways:  you can invite different interest groups
 to different meetings, or you can break a large number into snail groups
 for discussion.

 One successful model is used by the Army Corps of Engineers, among  others.
 In cases where a public meeting is desired, it is publicized and scheduled
 for a location that will be convenient for as many potential participants
 as possible.  The information packet is made available in several ways, by
 sending it to those known to be interested, giving a telephone nunber in
 the public notices for use in requesting one, and providing more at the
 door of the meeting place as well.  As participants enter the door,.each is
 given a nuaber.  Participants are asked to register their name, address
 and/or telephone number for use in future contact during scoping and the
 rest of the NEPA process.

 The first part of the meeting is devoted to a discussion of the proposal in
 general, covering its purpose, proposed location, design, and any other
 aspects that can be presented in a lecture format.  A question and  answer
 period concerning this information is often held at this time.  Then if
 there are more than 15 or 20 attendees at the meeting, the next step is to
 break it into small groups for more intensive discussion.  At this point,
 the numbers held by the participants are used to assign them to snail
 groups by sequence, random drawing, or any other method.  Each group should
 be no larger than 12, and 8-10 is better.  The groups are informed  that
 their task is to prepare a list of significant environmental issues and
 reasonable alternatives for analysis in the EZS.  These lists will  be pre-
 sented to the main group and combined into a master list, after the discus-
 sion groups are finished.  The rules for how priorities are to be assigned
 to  the issues identified by each group should be made clear before  the
 large group breaks up.

 Sam* agencies ask each group member to vote for the 5 or 10 most important
 issues.   After  tallying the votes of individual members, each group would
only report out those issues that received a certain number of votes.  In
 this way only those items of most concern to the members would even make
 the  list compiled by each group.  Some agencies go further, and only let

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  each group report out the top few issues  identified.   But  you must be
  careful not to ignore issues that may be  considered  a medium priority by
  many people.  They may still be important, even  if not in  the top rank.
  Thus instead of simply voting, the members of  the groups should rank the
  listed issues in order of perceived  importance.  Points may be assigned  to
  each item on the basis of the rankings by each member,  so  that the group
  can compile a list of its issues in priority order.   Each  group should then
  be asked to assign cut-off numbers to separate high,  medium and low prior-
  ity items.  Each group should then report out  to the  main meeting all  of
  its issues, but with priorities clearly assigned.

  Cne member of the lead agency or cooperating agency staff should  join  each
  group to answer questions and to listen to the participants' expressions of
  concern.   It has been the experience of many of those who have  tried this
  method that it is better not to have  the agency person lead the group dis-
  cussions.   There does need to be a leader, who should be chosen by the
  group members.  In this uay, the agency staff member will not be perceived
  as forcing his opinions on the others.

  If the agency has a sufficient staff of formally trained "meeting facilita-
  tors,"  they may be able to achieve the same result even where agency staff
  people lead the discussion groups.   But absent such training, the staff
  should  not lead the discussion groups.  A good technique is to have the
  agency person  serve as  the recording secretary for  the group, writing down
 each  impact and alternative  that is  suggested for study by the partici-
 pants.  This enhances the neutral  status of the agency representative, and
 ensures that he is  perceived as  listening  and reacting to the views of the
 group,  frequently,  the  recording of issues is done  with a  large pad
 mounted on  the  wall  like  a blackboard, which  has been well  received by
 agency  and  public alike,  because all  can see  that the views expressed actu-
 ally have been heard  and  understood.

 When the issues are listed,  each must be clarified or  combined with others
 to eliminate duplication  or  fuzzy concepts.   The  agency staff person can
 actually lead in this effort because  of his need  to  reflect on paper
 exactly what the issues are.  After  the group has listed all the environ-
 mental  impacts and alternatives and  any other  issues  that the members wish
 to have considered, they  are asked to  discuss the relative  merits and
 importance of each listed item.  The  group should be reminded that one of
 its tasks is to eliminate insignificant issues.   Following  this, the mem-
 bers assign priorities or vote using one of the methods described above.

 The discussion groups are then to return to the large  meeting to report on
 the results of their ranking.  At this point further discussion may be
 useful to seek a concensus on which issues are  really  insignificant.   But
 the moderator must not appear to be ruthlessly  eliminating  issues that the
 participants ranked of high or medium  importance.  The best that can
 usually be achieved is to "deemphasize" some of them,  by placing them in
 the low priority category.

     6.   What to do with  the comments.

After you have  comments  from the cooperating agencies  and the  interested
public,  you must evaluate them and make judgments about which  issues  are  in

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                                                                    11
 fact significant and which ones ace not.  The decision of what the EIS
 should contain is ultimately made by the lead agency.  But you will now
 know what the interested participants consider to be the principal areas
 for study and analysis.  You should be guided by these concerns, or be
 prepared to briefly explain why you do not agree.  Every issue that is
 raised as a priority matter during scoping should be addressed in some man-
 ner in the EIS, either by in-depth analysis, or at least a short explana-
 tion showing that the issue was examined, but not considered significant
 for one or more reasons.
      agencies have complained that the time savings claimed for scoping
 have not been realized because after public groups raise numerous minor
 matters, they cannot focus the EIS on the significant issues.  It is true
 that it is always easier to add issues than it is to subtract them during
 scoping.   And you should realize that trying to eliminate a particular
 environmental Impact or alternative frcm study may arouse the suspicions of
 some people.   Cooperating agencies may be even more reluctant to eliminate
 issues in their areas of special expertise than the public participants.
 But the way to approach it is to seek concensus on which issues are less
 important.  These issues may then be deemphasized in the EIS by a brief
 discussion of why they were not examined in depth.

 If  no concensus can be reached, it is still your responsibility to select
 the significant issues.  The lead agency cannot abdicate its role and sim-
 ply defer to  the public.  Thus a group of participants at a scoping meeting
 should not be able to "vote* an insignificant matter into a big issue.  If
 a certain issue is raised and in your professional judgment you believe it
 is  not significant, explain clearly and briefly in 'the EIS why it is not
 significant.   There is no need to devote time and pages to it in the EIS if
 you can show that it is not relevant or important to the proposed action.
 But you should address in some manner all matters that were raised in the
 scoping process, either by an extended analysis or a brief explanation
 showing that  you acknowledge the concern.

 Several agencies have made a practice of sending out a post-scoping docu-
ment to make  public the decisions that have been made on what issues to
 cover  in the  EIS.  This is not a requirement, but in certain controversial
 cases  it can  be worthwhile*.  Especially when scoping has been conducted by
 written comments, and there has been no face-to-face contact, a post-
 scoping document is the only assurance to the participants that they were
heard  and understood until the draft EIS comes out.  Agencies have acknow-
ledged  to us  that "letters instead of meetings seem to get disregarded eas-
 ier."   Thus a reasonable quid pro quo for relying on comment letters would
be  to  send  out a post-scoping document as feedback to the carmen tors.

The post-scoping document may be as brief as a list of impacts and alterna-
 tives selected for analysis; it may consist of the "scope of work" produced
by  the  lead and cooperating agencies for their own EIS work or for the con-
tractor; or it may be a special document that describes all the issues and
explains why  they were selected.

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                                                                     12


     7.   Allocating work  assignments and setting schedules.

 Following  the public participation in whatever fora, and the selection of
 issues  to  be covered,  the lead agency oust allocate the EIS preparation
 work among the available  resources.   If there are no cooperating agencies,
 the lead agency allocates work among its own personnel or contractors.  If
 there are  cooperating agencies involved, they may be assigned specific
 research or writing tasks.   The NEPA regulations require that they normally
 devote  their own  resources to the  issues in which they have special exper-
 tise or jurisdiction by law.  (Sections 1501.6(b) (3),  (5),  and
 1501.7(a)(4)).

 In all  cases, the lead agency should set a schedule for completion of the
 work, designate a project manager  and assign the reviewers,  and must set a
 tine limit for the  entire NEPA analysis if requested  to do  so by an appli-
 cant.   (Section 1501.3).

     8.   A few ideas to try.

     a.   Itoute design workshop

 As part of a scoping process,  a successful innovation  by one agency
 involved route selection  for a railroad.   The agency invited representa-
 tives of the interested groups (identified at a  previous public meeting)  to
 try their hand at designing  alternative  routes for a proposed rail  segment.
 Agency staff explained design  constraints  and evaluation criteria  such as
 the desire to minimize damage  to prime agricultural land and valuable  wild-
 life habitat.  The participants were divided  into snail groups  for  a -few
 hours of intensive work.  After learning of the  real constraints on  alter-
 native routes, the participants had a better  understanding' of the agency's
 and applicant's viewpoints.  Two of the participants actually supported
 alternative routes that affected their own land  because the  overall  impacts
 of these routes appeared less adverse.

 The participants were asked  to  rank the  five  alternatives they  had devised
 and the  top two were included  in the EIS.  But the agency did not permit
 the groups to apply the same evaluation criteria to the routes  proposed  by
 the applicant or* the agency.  Thus public  confidence in the process  was  not
 as high  as it could have been, and probably was  reduced when  the
 applicant's proposal was ultimately selected.

 The Council recommends that when a hands-on design workshop  is  used, the
 assignment  of the  group be expanded to include evaluation of  the reason-
 ableness of all  the suggested alternatives.

    b.   Botline

 Several  agencies have successfully used a  special telephone number,
 tially a hotline,  to take  public comments before, after, or instead of a
 public meeting.  It  helps  to designate a named staff member  to  receive
 these calls so that  seme continuity and personal relationships can be
developed.

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                                                                    13
     c.  Videotape of sites

 A videotape of proposed sites is an excellent tool for explaining site dif-
 ferences and limitations during the lecture-format part of a scoping
 meeting.

     d.  Videotape meetings

 One agency has videotaped whole scoping meetings.  Staff found that the
 participants took their roles more seriously and the taping appeared not to
 precipitate grandstanding tactics.

     e.  Review ccnmittee

 Success has been reported from one agency which sets up review committees,
 representing all interested groups, to oversee the scoping process.   The
 committees help to design the scoping process.  In cooperation with the
 lead agency, the committee reviews the materials generated by the scoping
 meeting.  Again, however, the final decision on EIS content is the respon-
 sibility of the lead agency.

     f.  Consultant as meeting moderator

 In some hotly contested cases, several agencies have used the EIS consul-
 tant to actually run the scoping meeting.  This is permitted under the NEPA
 regulations and can be useful to de-fuse a tense atmosphere if the consul-
 tant is perceived as a neutral third party.   But the responsible agency
 officials must attend the meetings.  There is no substitute for developing
 a relationship between the agency officials and the affected parties.
 Moreover, if the responsible officials are not prominently present,  the
 public may interpret that to mean that the consultant is actually making
 the decisions about the EIS, and not the lead agency.

     g.  Money saving tips
          that money can be saved by using conference calls instead of meet-
ings,  tape-recording the meetings instead of hiring a stenographer, and
finding out whether people wont a meeting before announcing it.

    C.  Pitfalls.

Vfe list here some of the problems that have been experienced in certain
scoping cases,  in order to enable others to avoid the same difficulties.

    1.  Closed  meetings.

In response to  informal advice from CEQ that holding separate meetings for
agencies  and the public would be permitted under the regulations and could
be more productive, one agency scheduled a scoping meeting for the coopera-
ting agencies some  weeks in advance of the public meeting.  Apparently, the
lead agency felt that the views of the cooperating agencies would be more
candidly  expressed  if the meeting were closed.   In any event, several mem-
bers of the public  learned of the meeting and asked to be present.  The
lead agency acquiesced  only after newspaper reporters were able to make a

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 story out of the closed session.  At the meeting, the members of the public
 were  informed that they would not be allowed to speak, nor to record the
 proceedings.   The ill feeling aroused by this chain of events may not be
 repaired  for a long tine.  Instead, we would suggest the following
 possibilities:

     a.    Although separate meetings for agencies and public groups may be
 more  efficient,  there is no magic to then.  By all means, if someone
 insists on attending the agency meeting, let him.  There is nothing as
 secret going on  there as he may think there is if you refuse him
 admittance.   Better yet, have your meeting of cooperating agencies after
 the public meeting.  That may be the most logical time anyway, since only
 then  can  the scope of the SIS be decided upon and assignments made among
 the agencies.   If it is well done, the public meeting will satisfy most
 people and show  them that you are listening to them.

     b.    Always  permit recording.  In fact, you should suggest it for
 public meetings.   All parties will feel better if there is a record of the
 proceeding.  There is no need for a stenographer, and tape is inexpensive.
 It may even be better then a typed transcript, because staff and decision-
 makers who did not attend the meeting can listen to the exchange and may
 learn a lot about public perceptions of the proposal.

     c.   When people  are admitted to a meeting, it makes no sense to refuse
 their requests to  speak.   However, you can legitimately limit their state-
 ments to the subject  at hand—scoping.   You do not have to permit some
 participants to waste the others'  time if they refuse to focus on the
 impacts and alternatives  for  inclusion in the EZS.  Having a tape of'the
 proceedings could  be  useful  after the meeting if there is some Question
 that speakers were  improperly silenced.   But it takes an experienced moder-
 ator to handle a situation like  this.

     d.   The scoping  stage is the tine for building confidence and  trust on
 all  sides of a proposal,  because  this is the only tine  when there is a
 cannon enterprise.  The attitudes formed at this stage  can  carry through
 the  project review process.   Certainly  it is difficult  for  things to get
 better.  So foster the good will  as  long as you can  by  listening to what is
 being  said during scoping.  It is  possible  that out  of  that dialogue may
 appear recommendations for changes and mitigation  measures  that  can turn a
 controversial fight into an acceptable proposal.

     2.    Contacting interested groups.

 Some problems have arisen in scoping where  agencies  failed  to  contact all
 the  affected parties, such as industries  or  state  and local  governments.
 In one  case,  a panel was assembled to represent various  interests in
 scoping an EIS on a wildlife-related program.   The agency had  an excellent
 format  for the meeting, but the panel did not represent  industries  that
 would  be affected by the program or  interested  state and  local governments.
 As a result,  the  EIS may fail to reflect  the  issues of concern to these
parties.

Another agency reported to us that it failed  to contact parties directly
     ise staff  feared that if they missed someone they would be accused of

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 favoritism.  Thus they relied on the i ggnanra of press releases which were
 not effective.  Many people who did not learn about the meetings  in  time
 sought additional meeting opportunities, which cost extra money and  delayed
 the process.

 In our experience, the attempt to reach people is worth the effort.  Even
 if you miss someone, it will be clear that you tried.  You can enlist a few
 representatives of an interest group to help you identify and contact
 others.  Trade associations, chambers of ccnmerce, local civic groups/ and
 local and national conservation groups can spread the wo*"* to meubers.

     3.   Tiering.

 Many people are not familiar with the way environmental impact statements
 can be "tiered* under the NEPA regulations, so that issues are examined in
 detail at the stage that decisions on them are being made.  See Section
 1508.28 of the regulations.  For example, if a proposed program is under
 review, it is possible that site specific actions are not yet proposed.  In
 such a case, these actions are not addressed in the EIS on the program, but
 are reserved for a later tier of analysis.  If tiering is being used, this
 concept must be made clear at the outset of any scoping meeting, so that
 participants do not concentrate on issues that are not going to be addres-
 sed at this tine.  If you can specify when these other issues win be
 addressed it will be easier to convince people to focus on the matters at
 hand.

     4.   Scoping for unusual programs.

 One interesting scoping case involved proposed changes in the Endangered
 Species Program.   Anong the impacts  to be examined were the effects of this
conservation program on user activities such as mining, hunting,  and timber
harvest,  instead  of the other way around.  Because of this reverse twist in
 the impacts to be analyzed, some participants had difficulty focusing on
 useful issues.  Apparently, if the subject of the EIS is unusual, it will
be  even harder than normal for scoping participants to grasp what is
     rted of them.
In the case of the Endangered Species Program EIS, the agency planned an
intensive 3 day scoping session, successfully involved the participants,
and reached accord on several issues that would be important for the future
implementation of  the program.  But the participants were unable to focus
on impacts and program alternatives for the EIS.  We suggest that if the
intensive session  had been broken up into 2 or 3 meetings separated by days
or weeks, the  participants might have been able to get used to the new way
of thinking required, and  thereby to participate more productively.  Pro-
grammatic proposals are often harder to deal with in a scoping context than
site specific  projects.  Thus extra care should be taken in explaining the
goals of the proposal and  in making the information available well in
advance of any meetings.

    D.   Lead'  and  Cooperating Agencies.

Some problems  with scoping revolve around the relationship between lead and
cooperating agencies.  Some agencies are still uncomfortable with these

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 roles.  The NEPA regulations,  and the 40 Questions and Answers about the
 NEPA Regulations, 46  Fed.  Beg. 18026, (  March 23, 1981) describe in detail
 the way agencies are  now asked to cooperate on environmental analyses.
 (See Questions 9, 14, and  30.)  We will  focus here on the early phase of
 that cooperation.

 It is important  Cor the  lead agency to be as specific as passible with the
 cooperating agencies. Tell than what you want them to contribute during
 scoping; environmental impacts and alternatives.  Seme agencies still do
 not understand the purpose of  scoping.

 Be sure to contact and involve representatives of the cooperating agencies
 who are responsible for  NEPA-related functions.  The lead agency will need
 to contact staff of the  cooperating agencies who can both help to identify
 issues and alternatives  and commit resources to a study, agree to a sched-
 ule for EZS preparation, or approve a list of issues as sufficient.  In
 sane agencies that will  be at  the district or state office level (e.g.,
 Corps of Engineers, Bureau of  Land Management, and Soil Conservation Serv-
 ice) for all but exceptional cases.   In  other agencies you must go to
 regional offices  for  scoping cements and commitments (e.g.,  EPA, Fish and
 Wildlife Service,  Hater  and Power Resources Service).   In still others, the
 field offices do  not  have  NEPA responsibilities or expertise  and you will
 deal directly with headquarters (e.g., Federal Energy Regulatory Gonmis-
 sion. Interstate  Commerce  Commission).   In all cases you are  looking for
 the office that can give you the answers you need.  So keep trying until
 you find the organizational  level of the cooperating agency that can give
 you useful information and  that has  the  authority to make coamitincnts.

 As stated in 40 Questions  and  Answers about the NEPA Regulations, the lead
 agency has the ultimate responsibility for the content of the £15,  but if
 it leaves out a significant  issue or  ignores the advice and expertise of
 the cooperating agency, the EZS nay be found later to  be inadequate.   (46
 Fed.  Reg.  18030,  Question Lib.)  At  the  sane time, the cooperating  agency
 will  be  concerned  that the EIS contain material sufficient bo satisfy its
 decisionnaking needs.   Thus, both agencies have a stake in producing a doc-
 ument of good quality.  The cooperating  agencies should be encouraged not
 only to  participate in scoping  but also  to review the  decisions made by the
 lead  agency about what to include in  the  EIS.   Lead agencies  should  allow
 any information needed by a cooperating  agency to  be included, and  any
 issues of  concern to the  cooperating  agency should be  covered, but  it
 usually  will  have to be at the expense of  the  cooperating  agency.

 Cooperating agencies have at least as great a need as  the  general public
 for advance information on a proposal before any scoping  takes place.
 Agencies have  reported to us that information  from the lead agency  is often
 too sketchy or cones too  late for informed  participation.  Lead agencies
must clearly explain to all cooperating agencies what  the  proposed action
 is conceived to be at  this  time, and what present alternatives and  issues
 the lead agency sees,  before expecting other agencies  to devote time  and
money to a scoping session.  Informal contacts among the agencies before
scoping gets underway  are valuable to establish what the cooperating
agencies will need for productive scoping to take place.

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                                                                    17
 Some agencies will be called upon to be cooperators more frequently than
 others, and they may lack the resources to respond to the numerous
 requests.   The NEPA regulations permit agencies without jurisdiction by law
 (i.e., no  approval authority over the proposal) to decline the cooperating
 agency role.  (Section 1501.6(c)).  But agencies that do have jurisdiction
 by lav cannot opt out entirely and may have to reduce their cooperating
 effort devoted to each EXS.  (See Section 1501.S(c) and 40 Questions and
 Answers about the NEPA Regulations, 46 Fed. Reg. 18030, Question 14a.)
 Thus, cooperators would be greatly aided by a priority list fron the lead
 agency showing which proposals most need their help.  It"'** will lead to a
 more efficient allocation of resources.

 Some cooperating agencies are still holding back at the scoping stage in
 order to retain a critical position for later in the process.  They either
 avoid the  scoping sessions or fail bo contribute, and then raise objections
 in ccranents on the draft EXS.  We cannot emphasize enough that the whole
 point of scoping is to avoid this situation.  As we stated in 40 Questions
 and.Answers about the NEPA Regulations, "if the new alternative (or other
 issue]  was not raised by the commentor during scoping, but could have been,
 coanentors may find that they ace unpersuasive in their efforts to have
 their suggested alternative analyzed in detail by the [lead]  agency."  (46
 Fed.  Reg.  18035, Question 29b.)

     IU.  Advice for Public Participants

 Scoping is a new opportunity for you to enter the earliest phase of the
 decisionmaking process on proposals that affect you.  Through this process
 you have access to public officials before decisions are made and .the right
 to explain your objections and concerns.  But this opportunity carries with
 it a new responsibility.  No longer may individuals hang back until the
 process is almost complete and then spring forth with a significant issue
 or alternative that might have been raised earlier.  You are now part of
 the review process, and your role is to inform the responsible agencies of
 the potential impacts that should be studied, the problems a proposal may
 cause that you foresee, and the alternatives and mitigating measures that
 offer promise.

 As noted above, and in 40 Questions and Answers, no longer will a comment
 raised for the first time after the draft SIS is finished be accorded the
 sane serious consideration it would otherwise have merited if the issue had
 been  raised during scoping.  Thus you have a responsibility to come forward
 early with known issues.

 In return,  you get the chance to meet the responsible officials and to make
 the case for your alternative before they are committed to a course of
 action.  To a surprising degree this avenue has been found to yield satis-
 factory results.  There's no guarantee, of course, but when the alternative
 you suggest is really better, it is often hard for a decisionmaker to
 resist.

There are  several problems that commonly arise that public participants
should be  aware of:

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                                                                     18
     A.    Public input is often only negative

 The optimal  timing of scoping within the NEPA process is difficult to
 judge.  Cn the  one hand, as explained above (Section II.B.l.), if it is
 attempted too early,  the agency cannot explain what it has in mind and
 informed  participation will be impossible.  On the other, if it is delayed,
 the public may  find that significant decisions are already made, and their
 connents  may be discounted  or will be too late to change the project.  Sane
 agencies  have found themselves in a tactical cross-fire when public criti-
 cism arises  before they  can even define their proposal sufficiently to see
 whether they have  a worthwhile plan.   Understandably,  they would be reluc-
 tant after such an experience to invite public criticism early in the plan-
 ning process through  open scoping.  But it is in your  interest to encourage
 agencies  to  come out  with proposals in the early stage because that enhan-
 ces the possibility of your Garments  being used.  Thus public participants
 in scoping should  reduce the emotion  level wherever possible and use the
 opportunity  to  make thoughtful,  rational presentations on impacts and
 alternatives.   Polarizing over issues too early hurts  all parties.  If
 agencies  get positive and useful public responses from the scoping process,
 they will more  frequently come forward with proposals  early enough so that
 they can  be  materially improved  by your suggestions.

     B.    Issues are too  broad

 The issues that participants  tend  to  identify during scoping are much too
 broad to be useful  for analytical  purposes.   For example, "cultural
 impacts" — what does  this mean?   What precisely are the impacts that..
 should be examined?  When the EZS  preparers encounter  a  Garment as vague as
 this they will have to make  their  own judgment about what you meant,  and
 you may find that your issues are  not covered.   Thus,  you should refine  the
 broad general topics, and specify  which issues need evaluation and
 analysis.

     C.    Impacts are not  identified

 Similarly, people (including  agency staff)  frequently  identify "causes"  as
 issues but fail to identify the principal "effects"  that the EIS should
 evaluate in  depth.  For example, oil  and  gas development is  a cause of many
 impacts.  Simply listing this  generic category is of little  help.   You must
 go  beyond  the obvious causes to the specific effects that are of  concern.
 If  you want  scoping to be seen as more than just another public meeting,
 you will need to put in extra work.


 IV.  Brief Points For Applicants.

 Scoping  can be an invaluable part of your early project  planning.   Your
main interest is in getting  a proposal through the  review process.  This
 interest is best advanced by finding out early where the problems with the
proposal are, who  the  affected parties are, and where accomodations can  be
made.  Scoping is  an ideal meeting place for all the interest groups  if  you
have not already contacted then.   In several cases,  we found  that the  com-
promises made at this  stage  allowed a project to move efficiently through
 the permitting process virtually unopposed.

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The NEPA regulations place an affirmative obligation on agencies to "pro-
vide  for «•»«?•« where actions are planned by private applicants" so that
designated staff are available to consult with the applicants, to advise
applicants of information that will be required during review, and to
insure that the  NEPA process ccnnences at the earliest possible tine.
(Section 1501.2(d)).  Ibis section of the regulations is intended to ensure
that  environmental  factors are considered at an early stage in the appli-
cant's planning  process.   (See 40 Questions and Answers about the NEPA
Regulations, 46  Fed. Reg. 18028, Questions 8 and 9.)

Applicants should take advantage of this requirement in the regulations by
approaching the  agencies  early to consult on alternatives, mitigation
requirements, and the agency's information needs.  This early contact with
the agency can facilitate a prompt initiation of the scoping process in
cases viiere an EIS  will be prepared.  You will need to furnish sufficient
information about your proposal to enable the lead agency to formulate a
coherent presentation for cooperating agencies and the public.  But den't
wait  until your  choices are all made and the alternatives have been
eliminated.  (Section 1506.1).

During scoping,  be  sure to attend any of the public meetings unless the
agency is dividing  groups by interest affiliation.  You will be able to
answer any questions about the proposal, and even more important, you will
be able to hear  the objections raised, and find out what the real concerns
of the public are.   This  is, of course, vital information for future nego-
tiations with the affected parties.
                                     .S. GOVERNMENT PRINTING OFFICE: 1992 - 650-224

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