State(MN) and federal legal requirements for public involvement, including for draft and supplementary environmental impact statements (DEISs and SEISs), as well as for environmental assessments (EASs).
State:
After the Draft EIS (DEIS) is completed, an informational meeting is mandatory - to
be held not less than 15 days after the public notice of availability (MEQB Rule
4410.2600 Subp.2).
For a Supplemental EIS (SEIS), the RGU may hold a public meeting to obtain
information. When the Draft Supplemental EIS is completed, the RGU shall hold an
informational meeting not less than 10 days after publication in the "EQB Monitor."
(MEQB Rule 4410.3000 Subp.5 A & C).
For an Environmental Assessment Worksheet (EAW) or Environmental Assessment
(EA), the RGU may hold one or more public meetings to gather comments on the
project if necessary.
Federal:
A public hearing must be held or offered for any project:
1. Involving acquisition of more than minimal amounts of right-of-way.
2. Involving substantial changes in the layout or functions of connecting roadways or the facility being improved.
3. Involving a substantial adverse impact on abutting real property.
4. Involving an important social, economic, environmental, or other effect.
5. For which the FHWA determines that a public hearing is in the public interest.
(23 CFR 771.111 (h) (2) (iii)
For Draft EIS. A Draft EIS requires a public hearing during the circulation period of all
Draft EISs. Whenever a public hearing is held, the Draft EIS shall be available at the
public hearing and for a minimum of 15 days in advance of the public hearing. The
availability of the DEIS shall be mentioned, and public comments be requested, in any
public hearing notice and at any public hearing presentation. If a public hearing ... is
not held, a notice shall be placed in a newspaper similar to a public hearing notice
advising where the Draft EIS is available for review, how copies may be obtained, and
where the comments should be sent. 23 CFR 771.123 (h).
For Draft EIS. The ﾓFederal Registerﾔ public availability notice ... shall establish a
period of not less than 45 days for the return of comments on the DEIS. The notice and
the DEIS transmittal letter shall identify where comments should be sent. 23 CFR
771.123 (i).
For Final EIS. The FEIS shall be transmitted to any persons, organizations, or agencies
that made substantive comments on the Draft EIS or requested a copy, no later than the
time the document is filed with the EPA. In the case of lengthy documents, the agency
may provide alternative circulation processes in accordance with 40 CFR 1502.19. The
applicant shall also publish a notice of availability in local newspapers and make the
Final EIS available ... pursuant to USDOT Order 12372. When filed with the EPA, the
Final EIS shall be available for public review at the applicantsﾒ offices and at appropriate
government offices. A copy should also be made available for public review at
institutions such as local libraries and schools, as appropriate. 23 CFR 771.125 (g).
For EIS Record of Decision (ROD). The Administration will complete and sign a
Record of Decision (ROD) no later than 30 days after publication of the FEIS notice in
the ﾓFederal Registerﾔ or 90 days after publication of a notice for the DEIS, whichever is
later... 23 CFR 771.127 (a).
For an Environmental Assessment. The EA need not be circulated for comment but
the document must be made available for public inspection at the applicants office and
at the appropriate Administration field office... Notice of availability of the EA, briefly
describing the action and its impacts shall be sent by the applicant to the affected units
of federal, state, and local government. Notices shall also be sent to the state
intergovernmental review contacts... 23 CFR 771.119 (d).
For an Environmental Assessment. When a public hearing is held ... the EA shall be
available at the public hearing and for a minimum of 15 days in advance of the public
hearing. The notice of the public hearing shall announce the availability of the EA and
where it may be obtained or reviewed. Comments shall be submitted in writing to the
applicant or the Administration within 30 days of the availability of the EA unless the
Administration determines, for good cause, that a different period is warranted...23 CFR
771.119 (e).
For an Environmental Assessment. When a public hearing is not held, the applicant shall place a notice
in a newspaper(s) similar to a public hearing notice and at a similar stage of development of the action,
advising the public of the availability of the EA and where information concerning the action may be
obtained. The notice shall invite comments from all interested parties. Comments shall be submitted in
writing to the applicant or the Administration within 30 days of the publication of the notice unless the
Administration determines, for good cause, that a different period is warranted. (23 CFR 771.119) (f).
The following figures depict time lines around notification and public hearing procedures for
Environmental Impact Statements and Environmental Assessments illustrating how the federal and state
procedures overlap.
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