the Final EIS or just in the Final EIS?
A. Section 1502.14(e) requires the section of the EIS on alternatives to “identify the agency’s preferred alternative if one or more exists, in the draft statement, and identify such alternative in the final statement . . .” This means that if the agency has a preferred alternative at the Draft EIS stage, that alternative must be labeled or identified as such in the Draft EIS. If the responsible federal official in fact has no preferred alternative at the Draft EIS stage, a preferred alternative need not be identified there. By the time the Final EIS is filed, Section 1502.14(e) presumes the existence of a preferred alternative and requires its identification in the Final EIS “unless another law prohibits the expression of such a preference.” 4c. Who recommends or determines the “preferred alternative?” A. The lead agency’s official with line responsibility for preparing the EIS and assuring its adequacy is responsible for identifying the agency’s preferred alternative(s). The NEPA reg
