Appendix C to Part 989 - Procedures for Holding Public Hearings on Draft Environmental Impact Statements (EIS)
32:6.1.1.16.12.0.1.39.12 : Appendix C
Appendix C to Part 989 - Procedures for Holding Public Hearings on
Draft Environmental Impact Statements (EIS) A.3.1. General
Information
A3.1.1. The Office of the Judge Advocate General, through the
Air Force Legal Services Agency/Trial Judiciary Division
(AFLSA/JAJT) and its field organization, is responsible for
conducting public hearings and assuring verbatim transcripts are
accomplished.
A3.1.2. The EPF, with proponent, AFLSA/JAJT, and Public Affairs
support, establishes the date and location, arranges for hiring the
court reporter, funds temporary duty costs for the hearing officer,
makes logistical arrangements (for example, publishing notices,
arranging for press coverage, obtaining tables and chairs,
etc.).
A3.1.3. The procedures outlined below have proven themselves
through many prior applications. However, there may be rare
instances when circumstances warrant conducting public hearings
under a different format, e.g., public/town meeting, information
booths, third party moderator, etc. In these cases, forward a
request with justification to deviate from these procedures to HQ
USAF/A7CI for SAF/IEE approval.
A3.2. Notice of Hearing (40 CFR 1506.6)
A3.2.1. Public Affairs officers:
A3.2.1.1. Announce public hearings and assemble a mailing list
of individuals to be invited.
A3.2.1.2. Distribute announcements of a hearing to all
interested individuals and agencies, including the print and
electronic media.
A3.2.1.3. Place a newspaper display advertisement announcing the
time and place of the hearing as well as other pertinent
particulars.
A3.2.1.4. Distribute the notice in a timely manner so it will
reach recipients or be published at least 15 days before the
hearing date. Distribute notices fewer than 15 days before the
hearing date when you have substantial justification and if the
justification for a shortened notice period appears in the
notice.
A3.2.1.5. Develop and distribute news release.
A3.2.2. If an action has effects of national concern, publish
notices in the Federal Register and mail notices to national
organizations that have an interest in the matter.
A3.2.2.1. Because of the longer lead time required by the
Federal Register, send out notices for publication in the Federal
Register to arrive at HQ USAF/A7CI no later than 30 days before the
hearing date.
A3.2.3. The notice should include:
A3.2.3.1. Date, time, place, and subject of the hearing.
A3.2.3.2. A description of the general format of the
hearing.
A3.2.3.3. The name, address, and telephone number of the Air
Force point of contact.
A3.2.3.4. A suggestion that speakers submit (in writing or by
return call) their intention to participate, with an indication of
which environmental impact (or impacts) they wish to address.
A3.2.3.5. Any limitation on the length of oral statements.
A3.2.3.6. A suggestion that speakers submit statements of
considerable length in writing.
A3.2.3.7. A summary of the proposed action.
A3.2.3.8. The location where the draft EIS and any appendices
are available for examination.
A.3.3. Availability of the Draft EIS to the Public
The EPF makes copies of the Draft EIS available to the public at
an Air Force installation and other reasonably accessible place in
the vicinity of the proposed action and public hearing (e.g.,
public library).
A3.4. Place of the Hearing
The EPF arranges to hold the hearing at a time and place and in
an area readily accessible to military and civilian organizations
and individuals interested in the proposed action. Generally, the
EPF should arrange to hold the hearing in an off-base civilian
facility, which is more accessible to the public.
A3.5. Hearing Officer
A3.5.1. The AFLOA/JAJT selects a hearing officer to preside over
hearings. The hearing officer does not need to have personal
knowledge of the project, other than familiarity with the Draft
EIS. In no event should the hearing officer be a judge advocate
from the proponent or subordinate command, be assigned to the same
installation with which the hearing is concerned, or have
participated personally in the development of the project, or have
rendered legal advice or assistance with respect to it (or be
expected to do so in the future). The principal qualification of
the hearing officer should be the ability to conduct a hearing as
an impartial participant.
A3.5.2. The primary duties of the hearing officer are to make
sure that the hearing is orderly, is recorded, and that interested
parties have a reasonable opportunity to speak. The presiding
officer should direct the speakers' attention to the purpose of the
hearing, which is to consider the environmental impacts of the
proposed project. Speakers should have a time limit to ensure
maximum public input to the decision-maker.
A3.6. Record of the Hearing
The EIS preparation team must make sure a verbatim transcribed
record of the hearing is prepared, including all stated positions,
all questions, and all responses. The EIS preparation team should
append all written submissions that parties provide to the hearing
officer during the hearing to the record as attachments. The EIS
preparation team should also append a list of persons who spoke at
the hearing and submitted written comments and a list of the
organizations or interests they represent with addresses. The EIS
preparation team must make sure a verbatim transcript of the
hearing is provided to the EPF for inclusion as an appendix to the
Final EIS. The officer should also ensure that all persons who
request a copy of the transcript get a copy when it is completed.
Copying charges are determined according to 40 CFR 1506.6(f).
A3.7. Hearing Format
Use the format outlined below as a general guideline for
conducting a hearing. Hearing officers should tailor the format to
meet the hearing objectives. These objectives provide information
to the public, record opinions of interested persons on
environmental impacts of the proposed action, and set out
alternatives for improving the EIS and for later consideration.
A3.7.1. Record of Attendees. The hearing officer should make a
list of all persons who wish to speak at the hearing to help the
hearing officer in calling on these individuals, to ensure an
accurate transcript of the hearing, and to enable the officer to
send a copy of the Final EIS (40 CFR 1502.19) to any person,
organization, or agency that provided substantive comments at the
hearing. The hearing officer should assign assistants to the
entrance of the hearing room to provide cards on which individuals
can voluntarily write their names, addresses, telephone numbers,
organizations they represent, and titles; whether they desire to
make a statement at the hearing; and what environmental area(s)
they wish to address. The hearing officer can then use the cards to
call on individuals who desire to make statements. However, the
hearing officer will not deny entry to the hearing or the right to
speak to people who decline to submit this information on
cards.
A3.7.2. Introductory Remarks. The hearing officer should first
introduce himself or herself and the EIS preparation team. Then the
hearing officer should make a brief statement on the purpose of the
hearing and give the general ground rules on how it will be
conducted. This is the proper time to welcome any dignitaries who
are present. The hearing officer should explain that he or she does
not make any recommendation or decision on whether the proposed
project should be continued, modified, or abandoned or how the EIS
should be prepared.
A3.7.3. Explanation of the Proposed Action. The Air Force EIS
preparation team representative should next explain the proposed
action, the alternatives, the potential environmental consequences,
and the EIAP.
A3.7.4. Questions by Attendees. After the EIS team
representative explains the proposed action, alternatives, and
consequences, the hearing officer should give attendees a chance to
ask questions to clarify points they may not have understood. The
EIS preparation team may have to reply in writing, at a later date,
to some of the questions. While the Air Force EIS preparation team
should be as responsive as possible in answering questions about
the proposal, they should not become involved in debate with
questioners over the merits of the proposed action.
Cross-examination of speakers, either those of the Air Force or the
public, is not the purpose of an informal hearing. If necessary,
the hearing officer may limit questioning or conduct portions of
the hearing to ensure proper lines of inquiry. However, the hearing
officer should include all questions in the hearing record.
A3.7.5. Statement of Attendees. The hearing officer must give
the persons attending the hearing a chance to present oral or
written statements. The hearing officer should be sure the recorder
has the name and address of each person who submits an oral or
written statement. The officer should also permit the attendees to
submit written statements within a reasonable time, usually two
weeks, following the hearing. The officer should allot a reasonable
length of time at the hearing for receiving oral statements. The
officer may waive any announced time limit at his or her
discretion. The hearing officer may allow those who have not
previously indicated a desire to speak to identify themselves and
be recognized only after those who have previously indicated their
intentions to speak have spoken.
A3.7.6. Ending or Extending a Hearing. The hearing officer has
the power to end the hearing if the hearing becomes disorderly, if
the speakers become repetitive, or for other good cause. In any
such case, the hearing officer must make a statement for the record
on the reasons for terminating the hearing. The hearing officer may
also extend the hearing beyond the originally announced date and
time. The officer should announce the extension to a later date or
time during the hearing and prior to the hearing if possible.
A3.8. Adjourning the Hearing
After all persons have had a chance to speak, when the hearing
has culled a representative view of public opinion, or when the
time set for the hearing and any reasonable extension of time has
ended, the hearing officer adjourns the hearing. In certain
circumstances (for example, if the hearing officer believes it is
likely that some participants will introduce new and relevant
information), the hearing officer may justify scheduling an
additional, separate hearing session. If the hearing officer makes
the decision to hold another hearing while presiding over the
original hearing he or she should announce that another public
hearing will be scheduled or is under consideration. The officer
gives notice of a decision to continue these hearings in
essentially the same way he or she announced the original hearing,
time permitting. The Public Affairs officer provides the required
public notices and directs notices to interested parties in
coordination with the hearing officer. Because of lead-time
constraints, SAF/IEE may waive Federal Register notice requirements
or advertisements in local publications. At the conclusion of the
hearing, the hearing officer should inform the attendees of the
deadline (usually 2 weeks) to submit additional written remarks in
the hearing record. The officer should also notify attendees of the
deadline for the commenting period of the Draft EIS.
[64 FR 38129, July 15, 1999, as amended at 66 FR 16869, Mar. 28,
2001, as amended at 66 FR 31177, June 11, 2001; 72 FR 37107, July
9, 2007]