[Federal Register Volume 67, Number 61 (Friday, March 29, 2002)]
[Rules and Regulations]
[Pages 15290-15332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-192]



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Part II





Department of Defense





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Department of the Army



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32 CFR Part 651



Environmental Analysis of Army Actions; Final Rule

  Federal Register / Vol. 67, No. 61 / Friday, March 29, 2002 / Rules 
and Regulations  

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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 651

[Army Regulation 200-2]


Environmental Analysis of Army Actions

AGENCY: Department of the Army, DoD.

ACTION: Final rule.

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SUMMARY: This final rule is a revision of policy and procedures for 
implementing the National Environmental Policy Act of 1969 (NEPA) and 
Council on Environmental Quality (CEQ) regulations in the Code of 
Federal Regulations (CFR). These guidelines replace policy and 
procedures found in current Army Regulation 200-2, Environmental 
Effects of Army Actions. The revision is necessary to clarify and 
update the current regulation. Since the December 1988 update of this 
part, initiatives such as the National Performance Review (NPR) have 
streamlined the federal government through decentralization, reduction 
and simplification of regulations, and management of risk. This revised 
rule strives to meet the spirit of the NPR, and Executive Order 12861, 
Elimination of One-Half of Executive Branch Internal Regulations, 11 
September 1993.

EFFECTIVE DATE: March 29, 2002.

ADDRESSES: Army Environmental Policy Institute, 101 Marietta Street, 
Suite 3120, Atlanta, GA 30303-2716.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald Webster, Army Environmental 
Policy Institute at (404) 524-9364 x298.

SUPPLEMENTARY INFORMATION:

a. Background

    Proposed revisions to Army Regulation 200-2 (32 CFR part 651) were 
published in the Federal Register, Volume 65, No.174, Part II, pages 
54347-54392, September 7, 2000 for public comment.

b. Comments and Responses

    Two respondents submitted comments on the proposed rule. The first 
respondent was concerned that all Environmental Assessments (EAs) might 
not be made available for public participation and comment, or 
published in the Federal Register. It is Army policy that all EAs of 
national scope or interest be published in the Federal Register, and 
that all EAs and draft Findings of No Significant Impact (FNSIs) be 
made available through local publication and public notice. This part 
provides for such publication of a ``draft FNSI'' for public comment, 
after which the FNSI is either finalized, the EA is modified, or the 
Notice of Intent (NOI) to prepare an Environmental Impact Statement 
(EIS) is published. This same respondent was concerned over the 
potential effects that Army application of Commercial Activities (OMB 
Cir. A-76) would have on the ability of Army leaders to ``maintain 
sufficient capability'' to ensure compliance as required by Section 
651.5(e) of the proposed revision. Army application of Commercial 
Activities includes identification of those employee functions that are 
``government in nature'' (GIN), as defined in OMB guidelines. The 
correct application of those guidelines will satisfy the concerns 
voiced by the respondent. Similarly, the respondent was concerned over 
the replacement of career civil servants with military personnel in 
responsible NEPA oversight and approval positions. This revision 
clearly places the responsibility for an adequately trained NEPA staff 
on the Army leadership (Secs. 651.4 (a)(2), (c)(1)(v), (e)(1), (f)(4), 
(g)(8), (o)(12), (r)(1), and (r)(2)), and subsequent oversight of the 
overall NEPA program performance (Secs. 651.4 (a), (f)(6) and (o)(1)). 
With respect to the respondent's concerns over military (as opposed to 
civilian) control over NEPA requirements, this revision adds NEPA 
requirements to the Army Officer Foundation Standards (Sec. 651.4 
(r)(1)).
    The second respondent felt that the rule would not insure that 
impacts to a state's fish and wildlife resources are considered and 
addressed early in the Army NEPA planning process, and recommended that 
a REC require documentation of potential impacts to wildlife or 
wildlife habitat. This issue is addressed in Secs. 651.29 (a)(2), 
(c)(1) and (3), and (e)(1) and (4). The respondent believed that 
Sections Secs. 651.36 (b) and 651.39 of the proposed rule contradict 
Sec. 651.36 (c) and CEQ Regulation 40 CFR Sec. 1506.6 (a). The cited 
sections of this proposed rule are not contradictory. Instead, they 
require open public access and encourage participation, as necessary, 
to insure that public concerns and issues are incorporated in Army 
decision making. As an example, Sec. 651.21 of this rule allows for the 
circulation of a ``draft'' FNSI which is only ``finalized'' after 
opportunities for pubic involvement have been afforded. Some discretion 
on the timing and nature of public involvement is afforded, in 
Sec. 651.36 (b), to the proponents of an action, sufficient 
participation is required under this rule to insure required public 
cognizance and the opportunity for more extensive levels of 
participation, at the discretion of the affected public. The second 
respondent also expressed concern over the applicability and 
desirability of CX (c) (1) (in Appendix B), which excludes areas of 
less than 5 acres of disturbance, if the location of the proposed 
action is a wetland or habitat area. This CX remains in this final 
rule, as a proposed action that affects wetlands, sensitive habitat, or 
other special circumstances, the CX would be prohibited under 
Sec. 651.29. Noted conflicts on the maximum length of an EIS, between 
Sec. 651.40 and Appendix E (a) (3), has been resolved in this final 
rule. Finally this respondent called for a definition of 
``Significantly Affecting the Environment'' which is more consistent 
with CEQ Regulation 40 CFR 1508.27, and this change has been made in 
this final rule.

c. Administrative Requirements

The Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5, U.S.C. 601 et seq., requires 
that a regulation that has a significant economic impact on a 
substantial number of small entities, small businesses, or small 
organization must include an initial regulatory flexibility analysis 
describing the regulation's impact on small entities. Such an action, 
however, need not be undertaken if the agency has certified that the 
regulation will not have a significant economic impact on a substantial 
number of small entities.
    The Department of the Army has considered the impact of this part 
under the Regulatory Flexibility Act. It has been certified that the 
final rule will not have a significant economic impact on a substantial 
number of small entities.

The Paperwork Reduction Act

    This part does not involve the collection of information and 
therefore is not subject to the provisions of the Paperwork Reduction 
Act of 1980 (44 U.S.C. 3507).

Executive Order 13132, Federalism

    Executive Order 13132 requires that Executive departments and 
agencies identify regulatory actions that have significant federalism 
implications. A regulation has federalism implications if it has 
substantial direct effects on the States, on the relationship or 
distribution of power between the Federal Government and the States, or 
on the distribution of power and responsibilities among various levels 
of Government. This organization has determined that this rule has no

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federalism implications that warrant the preparation of a Federalism 
Assessment in accordance with Executive Order 13132.

Executive Order 12630, Government Action and Interference With 
Constitutionally Protected Property Rights

    This rule is issued with respect to the National Environmental 
Policy Act of 1969 and therefore establishes the Army's 
responsibilities for the early integration of environmental 
consideration into planning and decision-making. This rule should not 
impact the provisions of Executive Order 12630 or the Private Property 
Rights Act.

Executive Order 12866, Regulatory Planning and Review

    This rule is not a significant regulatory action pursuant to 
Executive Order 12866, Regulatory Planning and Review, dated September 
30, 1993. The revision is not a ``major'' rule within the meaning of 
Executive Order 12866. The effect on the economy will be less than $100 
million. The rule will not cause a major increase in costs or prices 
for consumers, individual industries, geographic regions, or Federal, 
State, or local government agencies. The rule will not have a 
significant adverse impact on competition, employment, investment 
productivity, innovation, or on the ability of a United States-based 
enterprise to compete with foreign-based enterprises in domestic or 
export markets.

Executive Order 12875 Enhancing the Intergovernmental Partnership

    The rule does not impose non-statutory unfunded mandates on small 
governments and is not subject to the requirements of the executive 
order.

Executive Order 12988, Civil Justice

    This rule is in compliance with the provisions and requirements of 
Executive Order 12988.

Executive Order 13045, Protection of Children From Environmental Health 
Risks and Safety Risks

    The rule is issued with respect to existing environmental 
guidelines and laws. Therefore, this rule should not directly impact 
this executive order.

Unfunded Mandates Act

    This revision does not impose an enforceable duty upon the private 
sector nor does it impose unfunded mandates on small governments and 
therefore is not subject to the requirements of the Unfunded Mandates 
Reform Act.

National Environmental Policy Act

    This part implements the National Environmental Policy Act of 1969 
(NEPA), and establishes the Army's policies and responsibilities for 
the early integration of environmental considerations into planning and 
decision-making.

Submission to Congress and the Comptroller General of the General 
Accounting Office

    Pursuant to Section 801(a)(1)(A) of the Administrative Procedures 
Act as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, the Army will submit a report containing this rule to the 
U.S. Senate, House of Representatives, and the Comptroller General of 
the General Accounting Office. This rule is not a major rule within the 
meaning of Section 804(2) of the Administrative Procedures Act, as 
amended.

List of Subjects in 32 CFR Part 651

    Ecology, Environmental impact statements, Environmental protection, 
Natural resources.

    Dated: December 6, 2001.
Raymond J. Fatz,
Deputy Assistant Secretary of the Army (Environment, Safety and 
Occupational Health), DASA (ESOH).
    For the reasons as set forth in the preamble, 32 CFR Part 651 is 
revised to read as follows:

PART 651--ENVIRONMENTAL ANALYSIS OF ARMY ACTIONS (AR 200-2)

Subpart A--Introduction

Sec.
651.1   Purpose.
651.2   References.
651.3   Explanation of abbreviations and terms.
651.4   Responsibilities.
651.5   Army policies.
651.6   NEPA analysis staffing.
651.7   Delegation of authority for non-acquisition systems.
651.8   Disposition of final documents.
Subpart B--National Environmental Policy Act and the Decision Process
6511.9   Introduction.
651.10   Actions requiring environmental analysis.
651.11   Environmental review categories.
651.12   Determining appropriate level of NEPA analysis.
651.13   Classified actions.
651.14   Integration with Army planning.
651.15   Mitigation and monitoring.
651.16   Cumulative impacts.
651.17   Environmental justice.
Subpart C--Records and Documents
651.18   Introduction.
651.19   Record of Environmental Consideration.
651.20   Environmental Assessment.
651.21   Finding of No Significant Impact.
651.22   Notice of Intent.
651.23   Environmental Impact Statement.
651.24   Supplemental EAs and Supplemental EISs.
651.25   Notice of Availability.
651.26   Record of Decision.
651.27   Programmatic NEPA Analyses.
Subpart D--Categorical Exclusions
651.28   Introduction.
651.29   Determining when to use a CX (screening criteria).
651.30   CX actions.
651.31   Modification of the CX list.
Subpart E--Environmental Assessment
651.32   Introduction.
651.33   Actions normally requiring an EA.
651.34   EA components.
651.35   Decision process.
651.36   Public involvement.
651.37   Public availability.
651.38   Existing environmental assessments.
651.39   Significance.
Subpart F--Environmental Impact Statement
651.40   Introduction.
651.41   Conditions requiring an EIS.
651.42   Actions normally requiring an EIS.
651.43   Format of the EIS.
651.44   Incomplete information.
651.45   Steps in preparing and processing an EIS.
651.46   Existing EISs.
Figures 4 Through 8 to Subpart F of Part 651
Subpart G--Public Involvement and the Scoping Process
651.47   Public involvement.
651.48   Scoping process.
651.49   Preliminary phase.
651.50   Public interaction phase.
651.51   The final phase.
651.52   Aids to information gathering.
651.53   Modifications of the scoping process.
Subpart H--Environmental Effects of Major Army Action Abroad
651.54   Introduction.
651.55   Categorical exclusions.
651.56   Responsibilities.
Appendix A to Part 651--References
Appendix B to Part 651--Categorical Exclusions
Appendix C to Part 651--Mitigation and Monitoring
Appendix D to Part 651--Public Participation Plan
Appendix E to Part 651--Content of the Environmental Impact 
Statement
Appendix F to Part 651--Glossary

    Authority: 42 U.S.C. 4321 et seq.; 40 CFR Parts 1500-1508; E.O. 
12114, 44 FR 1957, 3 CFR, 1979 Comp., p. 356.

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Subpart A--Introduction


Sec. 651.1  Purpose.

    (a) This part implements the National Environmental Policy Act of 
1969 (NEPA), setting forth the Army's policies and responsibilities for 
the early integration of environmental considerations into planning and 
decision-making.
    (b) This part requires environmental analysis of Army actions 
affecting human health and the environment; providing criteria and 
guidance on actions normally requiring Environmental Assessments (EAs) 
or Environmental Impact Statements (EISs), and listing Army actions 
that are categorically excluded from such requirements, provided 
specific criteria are met.
    (c) This part supplements the regulations of the Council on 
Environmental Quality (CEQ) in the Code of Federal Regulations (CFR) 
(40 CFR parts 1500-1508) for Army actions, and must be read in 
conjunction with them.
    (d) All Army acquisition programs must use this part in conjunction 
with Department of Defense (DOD) 5000.2-R (Mandatory Procedures for 
Major Defense Acquisition Programs and Major Automated Information 
Systems).
    (e) This part applies to actions of the Active Army and Army 
Reserve, to functions of the Army National Guard (ARNG) involving 
federal funding, and to functions for which the Army is the DOD 
executive agent. It does not apply to Civil Works functions of the US 
Army Corps of Engineers (USACE) or to combat or combat-related 
activities in a combat or hostile fire zone. Operations Other Than War 
(OOTW) or Stability and Support Operations (SASO) are subject to the 
provisions of this part as specified in Subpart H of this part. This 
part applies to relevant actions within the United States, which is 
defined as all States; the District of Columbia; territories and 
possessions of the United States; and all waters and airspace subject 
to the territorial jurisdiction of the United States. The territories 
and possessions of the United States include the Virgin Islands, 
American Samoa, Wake Island, Midway Island, Guam, Palmyra Island, 
Johnston Atoll, Navassa Island, and Kingman Reef. This regulation also 
applies to actions in the Commonwealths of Puerto Rico and the Northern 
Marianas, the Republic of the Marshall Islands, and the Federated 
States of Micronesia and Palau (Republic of Belau). In addition, this 
part addresses the responsibility of the Army for the assessment and 
consideration of environmental effects for peacetime SASO operations 
worldwide. Throughout this part, emphasis is placed upon quality 
analysis of environmental effects, not the production of documents. 
Documentation is necessary to present and staff results of the 
analyses, but the objective of NEPA and Army NEPA policy is quality 
analysis in support of the Army decision maker. The term ``analysis'' 
also includes any required documentation to support the analysis, 
coordinate NEPA requirements, and inform the public and the decision 
maker.


Sec. 651.2  References.

    Required and related publications and referenced forms are listed 
in Appendix A of this part.


Sec. 651.3  Explanation of abbreviations and terms.

    Abbreviations and special terms used in this part are explained in 
the glossary in Appendix F of this part.


Sec. 651.4  Responsibilities.

    (a) The Assistant Secretary of the Army (Installations and 
Environment) (ASA(I&E)). ASA(I&E) is designated by the Secretary of the 
Army (SA) as the Army's responsible official for NEPA policy, guidance, 
and oversight. In meeting these responsibilities, ASA(I&E) will:
    (1) Maintain liaison with the Office of the Secretary of Defense 
(OSD), Office of Management and Budget (OMB), Council on Environmental 
Quality (CEQ), Environmental Protection Agency (EPA), Congressional 
oversight committees, and other federal, state, and local agencies on 
Army environmental policies.
    (2) Review NEPA training at all levels of the Army, including 
curricula at Army, DOD, other service, other agency, and private 
institutions; and ensure adequacy of NEPA training of Army personnel at 
all levels.
    (3) Establish an Army library for EAs and EISs, which will serve 
as:
    (i) A means to ascertain adherence to the policies set forth in 
this part, as well as potential process improvements; and
    (ii) A technical resource for proponents and preparers of NEPA 
documentation.
    (b) The Assistant Secretary of the Army (Acquisition, Logistics, 
and Technology) (ASA(AL&T)). ASA(AL&T) will:
    (1) Under oversight of the ASA(I&E), execute those NEPA policy 
provisions contained herein that pertain to the ASA(AL&T) 
responsibilities in the Army materiel development process, as described 
in Army Regulation (AR) 70-1, Army Acquisition Policy.
    (2) Prepare policy for the Army Acquisition Executive (AAE) to 
develop and administer a process of review and approval of 
environmental analyses during the Army materiel development process.
    (3) Prepare research, development, test, and evaluation (RDT&E) and 
procurement budget justifications to support Materiel Developer 
(MATDEV) implementation of NEPA provisions.
    (c) The Army Acquisition Executive (AEE). The AAE will, under the 
Army oversight responsibilities assigned to ASA(I&E):
    (1) Administer a process to:
    (i) Execute all those NEPA policy provisions contained herein that 
pertain to all acquisition category (ACAT) programs, projects, and 
products;
    (ii) Ensure that Milestone Decision Authorities (MDAs), at all 
levels, assess the effectiveness of environmental analysis in all 
phases of the system acquisition process, including legal review of 
these requirements;
    (iii) Establish resource requirements and program, plan, and budget 
exhibits for inclusion in annual budget decisions;
    (iv) Review and approve NEPA documentation at appropriate times 
during materiel development, in conjunction with acquisition phases and 
milestone reviews as established in the Acquisition Strategy; and
    (v) Establish NEPA responsibility and awareness training 
requirements for Army Acquisition Corps personnel.
    (2) Ensure Program Executive Officers (PEOs), Deputies for Systems 
Acquisition (DSAs), and direct-reporting Program Managers (PMs) will:
    (i) Supervise assigned programs, projects, and products to ensure 
that each environmental analysis addresses all applicable environmental 
laws, executive orders, and regulations.
    (ii) Ensure that environmental considerations are integrated into 
system acquisition plans/strategies, Test and Evaluation Master Plans 
(TEMPs) and Materiel Fielding Plans, Demilitarization/Disposal Plans, 
system engineering reviews/Integrated Process Team (IPT) processes, and 
Overarching Integrated Process Team (OIPT) milestone review processes.
    (iii) Coordinate environmental analysis with appropriate 
organizations to include environmental offices such as Army Acquisition 
Pollution Prevention Support Office (AAPPSO) and U.S. Army 
Environmental Center (USAEC) and operational offices and organizations 
such as testers (developmental/operational), producers, users, and 
disposal offices.

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    (3) Ensure Program, Project, Product Managers, and other MATDEVs 
will:
    (i) Initiate the environmental analysis process prescribed herein 
upon receiving the project office charter to commence the materiel 
development process, and designate a NEPA point of contact (POC) to the 
Director of Environmental Programs (DEP).
    (ii) Integrate the system's environmental analysis (including NEPA) 
into the system acquisition strategy, milestone review planning, system 
engineering, and preliminary design, critical design, and production 
readiness reviews.
    (iii) Apply policies and procedures set forth in this part to 
programs and actions within their organizational and staff 
responsibility.
    (iv) Coordinate with installation managers and incorporate comments 
and positions of others (such as the Assistant Chief of Staff for 
Installation Management (ACSIM) and environmental offices of the 
development or operational testers, producers, users, and disposers) 
into the decision-making process.
    (v) Initiate the analysis of environmental considerations, assess 
the environmental consequences of proposed programs and projects, and 
undergo environmental analysis, as appropriate.
    (vi) Maintain the administrative record of the program's 
environmental analysis in accordance with this part.
    (vii) Coordinate with local citizens and other affected parties, 
and incorporate appropriate comments into NEPA analyses.
    (viii) Coordinate with ASA(I&E) when NEPA analyses for actions 
under AAE purview require publication in the Federal Register (FR).
    (d) The Deputy Chief of Staff for Operations and Plans (DCSOPS). 
DCSOPS is the proponent for Training and Operations activities. DCSOPS 
will ensure that Major Army Commands (MACOMs) support and/or perform, 
as appropriate, NEPA analysis of fielding issues related to specific 
local or regional concerns when reviewing Materiel Fielding Plans 
prepared by Combat Developers (CBTDEVs) or MATDEVs. This duty will 
include the coordination of CBTDEV and MATDEV information with 
appropriate MACOMs and Deputy Chief of Staff for Logistics (DCSLOG).
    (e) The Assistant Chief of Staff for Installation Management 
(ACSIM). ACSIM is responsible for coordinating, monitoring, and 
evaluating NEPA activities within the Army. The Environmental Programs 
Directorate is the Army Staff (ARSTAF) POC for environmental matters 
and serves as the Army staff advocate for the Army NEPA requirements 
contained in this part. The ACSIM will:
    (1) Encourage environmental responsibility and awareness among Army 
personnel to most effectively implement the spirit of NEPA.
    (2) Establish and maintain the capability (personnel and other 
resources) to comply with the requirements of this part. This 
responsibility includes the provision of an adequately trained and 
educated staff to ensure adherence to the policies and procedures 
specified by this part.
    (f) The Director of Environmental Programs. The director, with 
support of the U.S. Army Environmental Center, and under the ACSIM, 
will:
    (1) Advise Army agencies in the preparation of NEPA analyses, upon 
request.
    (2) Review, as requested, NEPA analyses submitted by the Army, 
other DOD components, and other federal agencies.
    (3) Monitor proposed Army policy and program documents that have 
environmental implications to determine compliance with NEPA 
requirements and ensure integration of environmental considerations 
into decision-making and adaptive management processes.
    (4) Propose and develop Army NEPA guidance pursuant to policies 
formulated by ASA(I&E).
    (5) Advise project proponents regarding support and defense of Army 
NEPA requirements through the budgeting process.
    (6) Provide NEPA process oversight, in support of ASA(I&E), and, as 
appropriate, technical review of NEPA documentation.
    (7) Oversee proponent implementation and execution of NEPA 
requirements, and develop and execute programs and initiatives to 
address problem areas.
    (8) Assist the ASA(I&E) in the evaluation of formal requests for 
the delegation of NEPA responsibilities on a case-by-case basis. This 
assistance will include:
    (i) Determination of technical sufficiency of the description of 
proposed action and alternatives (DOPAA) when submitted as part of the 
formal delegation request (Sec. 651.7).
    (ii) Coordination of the action with the MACOM requesting the 
delegation.
    (9) Periodically provide ASA(I&E) with a summary analysis and 
recommendations on needed improvements in policy and guidance to Army 
activities concerning NEPA implementation, in support of ASA(I&E) 
oversight responsibilities.
    (10) Advise headquarters proponents on how to secure funding and 
develop programmatic NEPA analyses to address actions that are Army-
wide, where a programmatic approach would be appropriate to address the 
action.
    (11) Designate a NEPA PM to coordinate the Army NEPA program and 
notify ASA(I&E) of the designation.
    (12) Maintain manuals and guidance for NEPA analyses for major Army 
programs in hard copy and make this guidance available on the World 
Wide Web (WWW) and other electronic means.
    (13) Maintain a record of NEPA POCs in the Army, as provided by the 
MACOMs and other Army agencies.
    (14) Forward electronic copies of all EAs, and EISs to AEC to 
ensure inclusion in the Army NEPA library; and ensure those same 
documents are forwarded to the Defense Technical Information Center 
(DTIC).
    (g) Heads of Headquarters, Army agencies. The heads of 
headquarters, Army agencies will:
    (1) Apply policies and procedures herein to programs and actions 
within their staff responsibility except for state-funded operations of 
the Army National Guard (ARNG).
    (2) Task the appropriate component with preparation of NEPA 
analyses and documentation.
    (3) Initiate the preparation of necessary NEPA analyses, assess 
proposed programs and projects to determine their environmental 
consequences, and initiate NEPA documentation for circulation and 
review along with other planning or decision-making documents. These 
other documents include, as appropriate, completed DD Form 1391 
(Military Construction Project Data), Case Study and Justification 
Folders, Acquisition Strategies, and other documents proposing or 
supporting proposed programs or projects.
    (4) Coordinate appropriate NEPA analyses with ARSTAF agencies.
    (5) Designate, record, and report to the DEP the identity of the 
agency's single POC for NEPA considerations.
    (6) Assist in the review of NEPA documentation prepared by DOD and 
other Army or federal agencies, as requested.
    (7) Coordinate proposed directives, instructions, regulations, and 
major policy publications that have environmental implications with the 
DEP.
    (8) Maintain the capability (personnel and other resources) to 
comply with the requirements of this part and include

[[Page 15294]]

provisions for NEPA requirements through the Program Planning and 
Budget Execution System (PPBES) process.
    (h) The Assistant Secretary of the Army for Financial Management 
(ASA(FM)). ASA(FM) will establish procedures to ensure that NEPA 
requirements are supported in annual authorization requests.
    (i) The Judge Advocate General (TJAG). TJAG will provide legal 
advice to the Army Staff and assistance in NEPA interpretation, federal 
implementing regulations, and other applicable legal authority; 
determine the legal sufficiency for Army NEPA documentation; and 
interface with the Army General Counsel (GC) and the Department of 
Justice on NEPA-related litigation.
    (j) The Army General Counsel. The Army General Counsel will provide 
legal advice to the Secretary of the Army on all environmental matters, 
to include interpretation and compliance with NEPA and federal 
implementing regulations and other applicable legal authority.
    (k) The Surgeon General. The Surgeon General will provide technical 
expertise and guidance to NEPA proponents in the Army, as requested, in 
order to assess public health, industrial hygiene, and other health 
aspects of proposed programs and projects.
    (l) The Chief, Public Affairs. The Chief, Public Affairs will:
    (1) Provide guidance on issuing public announcements such as 
Findings of No Significant Impact (FNSIs), Notices of Intent (NOIs), 
scoping procedures, Notices of Availability (NOAs), and other public 
involvement activities; and establish Army procedures for issuing/
announcing releases in the FR.
    (2) Review and coordinate planned announcements on actions of 
national interest with appropriate ARSTAF elements and the Office of 
the Assistant Secretary of Defense for Public Affairs (OASD(PA)).
    (3) Assist in the issuance of appropriate press releases to 
coincide with the publication of notices in the FR.
    (4) Provide assistance to MACOM and installation Public Affairs 
Officers (PAOs) regarding the development and release of public 
involvement materials.
    (m) The Chief of Legislative Liaison. The Chief of Legislative 
Liaison will notify Members of Congress of impending proposed actions 
of national concern or interest. The Chief will:
    (1) Provide guidance to proponents at all levels on issuing 
Congressional notifications on actions of national concern or interest.
    (2) Review planned congressional notifications on actions of 
national concern or interest.
    (3) Prior to (and in concert with) the issuance of press releases 
and publications in the FR, assist in the issuance of congressional 
notifications on actions of national concern or interest.
    (n) Commanders of MACOMs, the Director of the Army National Guard, 
and the U.S. Army Reserve Commander. Commanders of MACOMs, the Director 
of the Army National Guard, and the U.S. Army Reserve Commander will:
    (1) Monitor proposed actions and programs within their commands to 
ensure compliance with this part, including mitigation monitoring, 
utilizing Environmental Compliance Assessment System (ECAS), 
Installation Status Report (ISR), or other mechanisms.
    (2) Task the proponent of the proposed action with funding and 
preparation of NEPA documentation and involvement of the public.
    (3) Ensure that any proponent at the MACOM level initiates the 
required environmental analysis early in the planning process, plans 
the preparation of necessary NEPA documentation, and uses the analysis 
to aid in the final decision.
    (4) Assist in the review of NEPA documentation prepared by DOD and 
other Army or federal agencies, as requested.
    (5) Maintain official record copies of all NEPA documentation for 
which they are the proponent, and file electronic copies of those EAs, 
and final EISs with AEC.
    (6) Provide coordination with Headquarters, Department of the Army 
(HQDA) for proposed actions that have either significant impacts 
requiring an EIS or are of national interest. This process will require 
defining the purpose and need for the action, alternatives to be 
considered, and other information, as requested by HQDA. It also must 
occur early in the process and prior to an irretrievable commitment of 
resources that will prejudice the ultimate decision or selection of 
alternatives (40 CFR 1506.1). When delegated signature authority by 
HQDA, this process also includes the responsibility for complying with 
this part and associated Army environmental policy.
    (7) Approve and forward NEPA documentation, as appropriate, for 
actions under their purview.
    (8) In the case of the Director, ARNG, or his designee, approve all 
federal NEPA documentation prepared by all ARNG activities.
    (9) Ensure environmental information received from MATDEVs is 
provided to appropriate field sites to support site-specific 
environmental analysis and NEPA requirements.
    (10) Designate a NEPA PM to coordinate the MACOM NEPA program and 
maintain quality control of NEPA analyses and documentation that are 
processed through the command.
    (11) Budget for resources to maintain oversight of NEPA and this 
part.
    (o) Installation Commanders; Commanders of U.S. Army Reserve 
Support Commands; and The Adjutant Generals of the Army National Guard. 
Installation Commanders; Commanders of U.S. Army Reserve Support 
Commands; and The Adjutant Generals of the Army National Guard will:
    (1) Establish an installation (command organization) NEPA program 
and evaluate its performance through the Environmental Quality Control 
Committee (EQCC) as required by AR 200-1, Environmental Protection and 
Enhancement.
    (2) Designate a NEPA POC to coordinate and manage the 
installation's (command organization's) NEPA program, integrating it 
into all activities and programs at the installation. The installation 
commander will notify the MACOM of the designation.
    (3) Establish a process that ensures coordination with the MACOM, 
other installation staff elements (to include PAOs and tenants) and 
others to incorporate NEPA requirements early in the planning of 
projects and activities.
    (4) Ensure that actions subject to NEPA are coordinated with 
appropriate installation organizations responsible for such activities 
as master planning, natural and cultural resources management, or other 
installation activities and programs.
    (5) Ensure that funding for environmental analysis is prioritized 
and planned, or otherwise arranged by the proponent, and that 
preparation of NEPA analyses, including the involvement of the public, 
is consistent with the requirements of this part.
    (6) Approve NEPA analyses for actions under their purview. The 
Adjutant General will review and endorse documents and forward to the 
NGB for final approval.
    (7) Ensure the proponent initiates the NEPA analysis of 
environmental consequences and assesses the environmental consequences 
of proposed programs and projects early in the planning process.
    (8) Assist in the review of NEPA analyses affecting the 
installation or

[[Page 15295]]

activity, and those prepared by DOD and other Army or federal agencies, 
as requested.
    (9) Provide information through the chain of command on proposed 
actions of national interest to higher headquarters prior to initiation 
of NEPA documentation.
    (10) Maintain official record copies of all NEPA documentation for 
which they are the proponent and forward electronic copies of those 
final EISs and EAs through the MACOM to AEC.
    (11) Ensure that the installation proponents initiate required 
environmental analyses early in the planning process and plan the 
preparation of necessary NEPA documentation.
    (12) Ensure NEPA awareness and/or training is provided for 
professional staff, installation-level proponents, and document 
reviewers (for example, master planning, range control, etc.).
    (13) Solicit support from MACOMs, CBTDEVs, and MATDEVs, as 
appropriate, in preparing site-specific environmental analysis.
    (14) Ensure that local citizens are aware of and, where 
appropriate, involved in NEPA analyses, and that public comments are 
obtained and considered in decisions regarding proposals.
    (15) Use environmental impact analyses to determine the best 
alternatives from an environmental perspective, and to ensure that 
these determinations are part of the Army decision process.
    (p) Environmental Officers. Environmental officers (at the 
Installation, MACOM, and Army activity level) shall, under the 
authority of the Installation Commander; Commanders of U.S. Army 
Reserves Regional Support Commands; and Director NGB-ARE (Installation 
Commanders):
    (1) Represent the Installation, MACOM, or activity Commander on 
NEPA matters.
    (2) Advise the proponent on the selection, preparation, and 
completion of NEPA analyses and documentation. This approach will 
include oversight on behalf of the proponent to ensure adequacy and 
support for the proposed action, including mitigation monitoring.
    (3) Develop and publish local guidance and procedures for use by 
NEPA proponents to ensure that NEPA documentation is procedurally and 
technically correct. (This includes approval of Records of 
Environmental Consideration (RECs).)
    (4) Identify any additional environmental information needed to 
support informed Army decision-making.
    (5) Budget for resources to maintain oversight with NEPA and this 
part.
    (6) Assist proponents, as necessary, to identify issues, impacts, 
and possible alternatives and/or mitigations relevant to specific 
proposed actions.
    (7) Assist, as required, in monitoring to ensure that specified 
mitigation measures in NEPA analyses are accomplished. This monitoring 
includes assessing the effectiveness of the mitigations.
    (8) Ensure completion of agency and community coordination.
    (q) Proponents. Proponents at all levels will:
    (1) Identify the proposed action, the purpose and need, and 
reasonable alternatives for accomplishing the action.
    (2) Fund and prepare NEPA analyses and documentation for their 
proposed actions. This responsibility will include negotiation for 
matrix support and services outside the chain of command when 
additional expertise is needed to prepare, review, or otherwise support 
the development and approval of NEPA analyses and documentation. These 
NEPA costs may be borne by successful contract offerors.
    (3) Ensure accuracy and adequacy of NEPA analyses, regardless of 
the author. This work includes incorporation of comments from 
appropriate servicing Army environmental and legal staffs.
    (4) Ensure adequate opportunities for public review and comment on 
proposed NEPA actions, in accordance with applicable laws and EOs as 
discussed in Sec. 651.14 (e). This step includes the incorporation of 
public and agency input into the decision-making process.
    (5) Ensure that NEPA analysis is prepared and staffed sufficiently 
to comply with the intent and requirements of federal laws and Army 
policy. These documents will provide enough information to ensure that 
Army decision makers (at all levels) are informed in the performance of 
their duties (40 CFR 1501.2, 1505.1). This result requires coordination 
and resolution of important issues developed during the environmental 
analysis process, especially when the proposed action may involve 
significant environmental impacts, and includes the incorporation of 
comments from an affected installation's environmental office in 
recommendations made to decision makers.
    (6) Adequately fund and implement the decision including all 
mitigation actions and effectiveness monitoring.
    (7) Prepare and maintain the official record copy of all NEPA 
analyses and documentation for which they are the proponent. This step 
will include the provision of electronic copies of all EAs, final EISs, 
and Records of Decision (RODs), through their chain of command, to AEC, 
and forwarding of those same documents to the Defense Technical 
Information Center (DTIC) as part of their public distribution 
procedures. In addition, copies of all EAs and FNSIs (in electronic 
copy) will be provided to ODEP. A copy of the documentation should be 
maintained for six years after signature of the FNSI/ROD.
    (8) Maintain the administrative record for the environmental 
analysis performed. The administrative record shall be retained by the 
proponent for a period of six years after completion of the action, 
unless the action is controversial or of a nature that warrants keeping 
it longer. The administrative record includes all documents and 
information used to make the decision. This administrative record 
should contain, but is not limited to, the following types of records:
    (i) Technical information used to develop the description of the 
proposed action, purpose and need, and the range of alternatives.
    (ii) Studies and inventories of affected environmental baselines.
    (iii) Correspondence with regulatory agencies.
    (iv) Correspondence with, and comments from, private citizens, 
Native American tribes, Alaskan Natives, local governments, and other 
individuals and agencies contacted during public involvement.
    (v) Maps used in baseline studies.
    (vi) Maps and graphics prepared for use in the analysis.
    (vii) Affidavits of publications and transcripts of any public 
participation.
    (viii) Other written records that document the preparation of the 
NEPA analysis.
    (ix) An index or table of contents for the administrative record.
    (9) Identify other requirements that can be integrated and 
coordinated within the NEPA process. After doing so, the proponent 
should establish a strategy for concurrent, not sequential, compliance; 
sharing similar data, studies, and analyses; and consolidating 
opportunities for public participation. Examples of relevant statutory 
and regulatory processes are given in Sec. 651.14 (e).
    (10) Identify and coordinate with public agencies, private 
organizations, and individuals that may have an interest in or 
jurisdiction over a

[[Page 15296]]

resource that might be impacted. Coordination should be accomplished in 
cooperation with the Installation Environmental Offices in order to 
maintain contact and continuity with the regulatory and environmental 
communities. Applicable agencies include, but are not limited to:
    (i) State Historic Preservation Officer.
    (ii) Tribal Historic Preservation Officer.
    (iii) U.S. Fish and Wildlife Service.
    (iv) Regional offices of the EPA.
    (v) State agencies charged with protection of the environment, 
natural resources, and fish and wildlife.
    (vi) USACE Civil Works regulatory functions, including Clean Water 
Act, Section 404, permitting and wetland protection.
    (vii) National Marine Fisheries Service.
    (viii) Local agencies and/or governing bodies.
    (ix) Environmental interest groups.
    (x) Minority, low-income, and disabled populations.
    (xi) Tribal governments.
    (xii) Existing advisory groups (for example, Restoration Advisory 
Boards, Citizens Advisory Commissions, etc.).
    (11) Identify and coordinate, in concert with environmental 
offices, proposed actions and supporting environmental analyses with 
local and/or regional ecosystem management initiatives such as the 
Mojave Desert Ecosystem Management Initiative or the Chesapeake Bay 
Initiative.
    (12) Review Army policies, including AR 200-1 (Environmental 
Protection and Enhancement), AR 200-3 (Natural Resources--Land, Forest, 
and Wildlife Management), and AR 200-4 (Cultural Resources Management) 
to ensure that the proposed action is coordinated with appropriate 
resource managers, operators, and planners, and is consistent with 
existing Army plans and their supporting NEPA analyses.
    (13) Identify potential impacts to (and consult with as 
appropriate) American Indian, Alaskan Native, or Native Hawaiian lands, 
resources, or cultures (for example, sacred sites, traditional cultural 
properties, treaty rights, subsistence hunting or fishing rights, or 
cultural items subject to the Native American Graves Protection and 
Repatriation Act (NAGPRA)). All consultation shall be conducted on a 
Government-to-Government basis in accordance with the Presidential 
Memorandum on Government-to-Government Relations with Tribal 
Governments (April 29, 1994) (3 CFR, 1994 Comp., p. 1007) and AR 200-4 
(Cultural Resources Management). Proponents shall consider, as 
appropriate, executing Memoranda of Agreements (MOAs) with interested 
Native American groups and tribes to facilitate timely and effective 
participation in the NEPA process. These agreements should be 
accomplished in cooperation with Installation Environmental Offices in 
order to maintain contact and continuity with the regulatory and 
environmental communities.
    (14) Review NEPA documentation that relies upon mitigations that 
were not accomplished to determine if the NEPA analysis needs to be 
rewritten or updated. Such an update is required if the unaccomplished 
mitigation was used to support a FNSI. Additional public notice/
involvement must accompany any rewrites.
    (r) The Commander, U.S. Army Training and Doctrine Command 
(TRADOC). The Commander, TRADOC will:
    (1) Ensure that NEPA requirements are understood and options 
incorporated in the Officer Foundation Standards (OFS).
    (2) Integrate environmental considerations into doctrine, training, 
leader development, organization, materiel, and soldier (DTLOMS) 
processes.
    (3) Include environmental expert representation on all Integrated 
Concept Teams (ICTs) involved in requirements determinations.
    (4) Ensure that TRADOC CBTDEVs retain and transfer any 
environmental analysis or related data (such as alternatives analysis) 
to the MATDEV upon approval of a materiel need. This information and 
data will serve as the basis for the MATDEV's Acquisition Strategy and 
subsequent NEPA analyses.
    (5) Ensure that environmental considerations are incorporated into 
the Mission Needs Statements (MNSs) and Operational Requirements 
Documents (ORDs).


Sec. 651.5  Army policies.

    (a) NEPA establishes broad federal policies and goals for the 
protection of the environment and provides a flexible framework for 
balancing the need for environmental quality with other essential 
societal functions, including national defense. The Army is expected to 
manage those aspects of the environment affected by Army activities; 
comprehensively integrating environmental policy objectives into 
planning and decision-making. Meaningful integration of environmental 
considerations is accomplished by efficiently and effectively informing 
Army planners and decision makers. The Army will use the flexibility of 
NEPA to ensure implementation in the most cost-efficient and effective 
manner. The depth of analyses and length of documents will be 
proportionate to the nature and scope of the action, the complexity and 
level of anticipated effects on important environmental resources, and 
the capacity of Army decisions to influence those effects in a 
productive, meaningful way from the standpoint of environmental 
quality.
    (b) The Army will actively incorporate environmental considerations 
into informed decision-making, in a manner consistent with NEPA. 
Communication, cooperation, and, as appropriate, collaboration between 
government and extra-government entities is an integral part of the 
NEPA process. Army proponents, participants, reviewers, and approvers 
will balance environmental concerns with mission requirements, 
technical requirements, economic feasibility, and long-term 
sustainability of Army operations. While carrying out its mission, the 
Army will also encourage the wise stewardship of natural and cultural 
resources for future generations. Decision makers will be cognizant of 
the impacts of their decisions on cultural resources, soils, forests, 
rangelands, water and air quality, fish and wildlife, and other natural 
resources under their stewardship, and, as appropriate, in the context 
of regional ecosystems.
    (c) Environmental analyses will reflect appropriate consideration 
of non-statutory environmental issues identified by federal and DOD 
orders, directives, and policy guidance. Some examples are in 
Sec. 651.14 (e). Potential issues will be discussed and critically 
evaluated during scoping and other public involvement processes.
    (d) The Army will continually take steps to ensure that the NEPA 
program is effective and efficient. Effectiveness of the program will 
be determined by the degree to which environmental considerations are 
included on a par with the military mission in project planning and 
decision-making. Efficiency will be promoted through the following:
    (1) Awareness and involvement of the proponent in the NEPA process.
    (2) NEPA technical and awareness training, as appropriate, at all 
decision levels of the Army.
    (3) Where appropriate, the use of programmatic analyses and tiering 
to ensure consideration at the appropriate decision levels, elimination 
of repetitive discussion, consideration of cumulative effects, and 
focus on issues that are important and appropriate for discussion at 
each level.

[[Page 15297]]

    (4) Use of the scoping and public involvement processes to limit 
the analysis of issues to those which are of interest to the public 
and/or important to the decision-making at hand.
    (5) Elimination of needless paperwork by focusing documents on the 
major environmental issues affecting those decisions.
    (6) Early integration of the NEPA process into all aspects of Army 
planning, so as to prevent disruption in the decision-making process; 
ensuring that NEPA personnel function as team members, supporting the 
Army planning process and sound Army decision-making. All NEPA analyses 
will be prepared by an interdisciplinary team.
    (7) Partnering or coordinating with agencies, organizations, and 
individuals whose specialized expertise will improve the NEPA process.
    (8) Oversight of the NEPA program to ensure continuous process 
improvement. NEPA requirements will be integrated into other 
environmental reporting requirements, such as the ISR.
    (9) Clear and concise communication of data, documentation, and 
information relevant to NEPA analysis and documentation.
    (10) Environmental analysis of strategic plans based on:
    (i) Scoping thoroughly with agencies, organizations, and the 
public;
    (ii) Setting specific goals for important environmental resources;
    (iii) Monitoring of impacts to these resources;
    (iv) Reporting of monitoring results to the public; and
    (v) Adaptive management of Army operations to stay on course with 
the strategic plan's specific resource goals.
    (11) Responsive staffing through HQDA and the Secretariat. To the 
extent possible, documents and transmittal packages will be acted upon 
within 30 calendar days of receipt by each office through which they 
are staffed. These actions will be approved and transmitted, if the 
subject material is adequate; or returned with comment in those cases 
where additional work is required. Cases where these policies are 
violated should be identified to ASA (I&E) for resolution.
    (e) Army leadership and commanders at all levels are required to:
    (1) Establish and maintain the capability (personnel and other 
resources) to ensure adherence to the policies and procedures specified 
by this part. This should include the use of the PPBES, EPR, and other 
established resourcing processes. This capability can be provided 
through the use of a given mechanism or mix of mechanisms (contracts, 
matrix support, and full-time permanent (FTP) staff), but sufficient 
FTP staff involvement is required to ensure:
    (i) Army cognizance of the analyses and decisions being made; and
    (ii) Sufficient institutional knowledge of the NEPA analysis to 
ensure that Army NEPA responsibilities (pre- and post-decision) are 
met. Every person preparing, implementing, supervising, and managing 
projects involving NEPA analysis must be familiar with the requirements 
of NEPA and the provisions of this part.
    (2) Ensure environmental responsibility and awareness among 
personnel to most effectively implement the spirit of NEPA. All 
personnel who are engaged in any activity or combination of activities 
that significantly affect the quality of the human environment will be 
aware of their NEPA responsibility. Only through alertness, foresight, 
notification through the chain of command, and training and education 
will NEPA goals be realized.
    (f) The worldwide, transboundary, and long-range character of 
environmental problems will be recognized, and, where consistent with 
national security requirements and U.S. foreign policy, appropriate 
support will be given to initiatives, resolutions, and programs 
designed to maximize international cooperation in protecting the 
quality of the world human and natural environment. Consideration of 
the environment for Army decisions involving activities outside the 
United States (see Sec. 651.1(e)) will be accomplished pursuant to 
Executive Order 12114 (Environmental Effects Abroad of Major Federal 
Actions, 4 January 1979), host country final governing standards, DOD 
Directive (DODD) 6050.7 (Environmental Effects Abroad of Major DOD 
Actions), DOD Instructions (DODIs), and the requirements of this part. 
An environmental planning and evaluation process will be incorporated 
into Army actions that may substantially affect the global commons, 
environments of other nations, or any protected natural or ecological 
resources of global importance.
    (g) Army NEPA documentation must be periodically reviewed for 
adequacy and completeness in light of changes in project conditions.
    (1) Supplemental NEPA documentation is required when:
    (i) The Army makes substantial changes in the proposed action that 
are relevant to environmental concerns; or
    (ii) There are significant new circumstances or information 
relevant to environmental concerns and bearing on the proposed action 
or its impact.
    (2) This review requires that the proponent merely initiate another 
``hard look'' to ascertain the adequacy of the previous analyses and 
documentation in light of the conditions listed in paragraph (g)(1) of 
this section. If this review indicates no need for new or supplemental 
documentation, a REC can be produced in accordance with this part. 
Proponents are required to periodically review relevant existing NEPA 
analyses to ascertain the need for supplemental documentation and 
document this review in a REC format.
    (h) Contractors frequently prepare EISs and EAs. To obtain unbiased 
analyses, contractors must be selected in a manner avoiding any 
conflict of interest. Therefore, contractors will execute disclosure 
statements specifying that they have no financial or other interest in 
the outcome of the project. The contractor's efforts should be closely 
monitored throughout the contract to ensure an adequate assessment/
statement and also avoid extensive, time-consuming, and costly analyses 
or revisions. Project proponents and NEPA program managers must be 
continuously informed and involved.
    (i) When appropriate, NEPA analyses will reflect review for 
operations security principles and procedures, described in AR 530-1 
(Operations Security (OPSEC)), on the cover sheet or signature page.
    (j) Environmental analyses and associated investigations are 
advanced project planning, and will be funded from sources other than 
military construction (MILCON) funds. Operations and Maintenance Army 
(OMA), Operations and Maintenance, Army Reserve (OMAR), and Operations 
and Maintenance, Army National Guard (OMANG), RDT&E, or other operating 
funds are the proper sources of funds for such analysis and 
documentation. Alternative Environmental Compliance Achievement Program 
(non-ECAP) funds will be identified for NEPA documentation, monitoring, 
and other required studies as part of the MILCON approval process.
    (k) Costs of design and construction mitigation measures required 
as a direct result of MILCON projects will be paid from MILCON funds, 
which will be included in the cost estimate and description of work on 
DD Form 1391, Military Construction Project Data.
    (l) Response actions implemented in accordance with the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA) or the Resource Conservation

[[Page 15298]]

and Recovery Act (RCRA) are not legally subject to NEPA and do not 
require separate NEPA analysis. As a matter of Army policy, CERCLA and 
RCRA analysis and documentation should incorporate the values of NEPA 
and:
    (1) Establish the scope of the analysis through full and open 
public participation;
    (2) Analyze all reasonable alternative remedies, evaluating the 
significance of impacts resulting from the alternatives examined; and
    (3) Consider public comments in the selection of the remedy. The 
decision maker shall ensure that issues involving substantive 
environmental impacts are addressed by an interdisciplinary team.
    (m) MATDEVs, scientists and technologists, and CBTDEVs are 
responsible for ensuring that their programs comply with NEPA as 
directed in this part.
    (1) Prior to assignment of a MATDEV to plan, execute, and manage a 
potential acquisition program, CBTDEVs will retain environmental 
analyses and data from requirements determination activities, and 
Science and Technology (S&T) organizations will develop and retain data 
for their technologies. These data will transition to the MATDEV upon 
assignment to plan, execute, and manage an acquisition program. These 
data (collected and produced), as well as the decisions made by the 
CBTDEVs, will serve as a foundation for the environment, safety, and 
health (ESH) evaluation of the program and the incorporation of 
program-specific NEPA requirements into the Acquisition Strategy. 
Programmatic ESH evaluation is considered during the development of the 
Acquisition Strategy as required by DOD 5000.2-R for all ACAT programs. 
Programmatic ESH evaluation is not a NEPA document. It is a planning, 
programming, and budgeting strategy into which the requirements of this 
part are integrated. Environmental analysis must be a continuous 
process throughout the materiel development program. During this 
continuous process, NEPA analysis and documentation may be required to 
support decision-making prior to any decision that will prejudice the 
ultimate decision or selection of alternatives (40 CFR 1506.1). In 
accordance with DOD 5000.2.R, the MATDEV is responsible for 
environmental analysis of acquisition life-cycle activities (including 
disposal). Planning to accomplish these responsibilities will be 
included in the appropriate section of the Acquisition Strategy.
    (2) MATDEVs are responsible for the documentation regarding general 
environmental effects of all aspects of the system (including 
operation, fielding, and disposal) and the specific effects for all 
activities for which he/she is the proponent.
    (3) MATDEVs will include, in their Acquisition Strategy, provisions 
for developing and supplementing their NEPA analyses and documentation, 
and provide data to support supplemental analyses, as required, 
throughout the life cycle of the system. The MATDEV will coordinate 
with ASA (AL&T) or MACOM proponent office, ACSIM, and ASA(I&E), 
identifying NEPA analyses and documentation needed to support milestone 
decisions. This requirement will be identified in the Acquisition 
Strategy and the status will be provided to the ACSIM representative 
prior to milestone review. The Acquisition Strategy will outline the 
system-specific plans for NEPA compliance, which will be reviewed and 
approved by the appropriate MDA and ACSIM. Compliance with this plan 
will be addressed at Milestone Reviews.
    (n) AR 700-142 requires that environmental requirements be met to 
support materiel fielding. During the development of the Materiel 
Fielding Plan (MFP), and Materiel Fielding Agreement (MFA), the MATDEV 
and the materiel receiving command will identify environmental 
information needed to support fielding decisions. The development of 
generic system environmental and NEPA analyses for the system under 
evaluation, including military construction requirements and new 
equipment training issues, will be the responsibility of the MATDEV. 
The development of site-specific environmental analyses and NEPA 
documentation (EAs/EISs), using generic system environmental analyses 
supplied by the MATDEV, will be the responsibility of the receiving 
Command.
    (o) Army proponents are encouraged to draw upon the special 
expertise available within the Office of the Surgeon General (OSG) 
(including the U.S. Army Center for Health Promotion and Preventive 
Medicine (USACHPPM)), and USACE District Environmental Staff to 
identify and evaluate environmental health impacts, and other agencies, 
such as USAEC, can be used to assess potential environmental impacts). 
In addition, other special expertise is available in the Army, DOD, 
other federal agencies, state and local agencies, tribes, and other 
organizations and individuals. Their participation and assistance is 
also encouraged.


Sec. 651.6  NEPA analysis staffing.

    (a) NEPA analyses will be prepared by the proponent using 
appropriate resources (funds and manpower). The proponent, in 
coordination with the appropriate NEPA program manager, shall determine 
what proposal requires NEPA analysis, when to initiate NEPA analysis, 
and what level of NEPA analysis is initially appropriate. The proponent 
shall remain intimately involved in determining appropriate milestones, 
timelines, and inputs required for the successful conduct of the NEPA 
process, including the use of scoping to define the breadth and depth 
of analysis required. In cases where the document addresses impacts to 
an environment whose management is not in the proponents' chain of 
command (for example, installation management of a range for MATDEV 
testing or installation management of a fielding location), the 
proponent shall coordinate the analysis and preparation of the document 
and identify the resources needed for its preparation and staffing 
through the command structure of that affected activity.
    (b) The approving official is responsible for approving NEPA 
documentation and ensuring completion of the action, including any 
mitigation actions needed. The approving official may be an 
installation commander; or, in the case of combat/materiel development, 
the MATDEV, MDA, or AAE.
    (c) Approving officials may select a lead reviewer for NEPA 
analysis before approving it. The lead reviewer will determine and 
assemble the personnel needed for the review process. Funding needed to 
accomplish the review shall be negotiated with the proponent, if 
required. Lead reviewer may be an installation EC or a NEPA POC 
designated by an MDA for a combat/materiel development program.
    (d) The most important document is the initial NEPA document (draft 
EA or draft EIS) being processed. Army reviewers are accountable for 
ensuring thorough early review of draft NEPA analyses. Any organization 
that raises new concerns or comments during final staffing will explain 
why issues were not raised earlier. NEPA analyses requiring public 
release in the FR will be forwarded to ASA(I&E), through the chain of 
command, for review. This includes all EISs and all EAs that are of 
national interest or concern. The activities needed to support public 
release will be coordinated with ASA(I&E). Public release will not 
proceed without ASA(I&E) approval.
    (e) Public release of NEPA analyses in the FR should be limited to 
EISs, or EAs

[[Page 15299]]

that are environmentally controversial or of national interest or 
concern. When analyses address actions affecting numerous sites 
throughout the Continental United States (CONUS), the proponent will 
carefully evaluate the need for publishing an NOA in the FR, as this 
requires an extensive review process, as well as supporting 
documentation alerting EPA and members of Congress of the action. At a 
minimum, and depending on the proponent's command structure, the 
following reviews must be accomplished:
    (1) The NEPA analysis must be reviewed by the MACOM Legal Counsel 
or TJAG, ACSIM, ASA(I&E), and Office of General Counsel (OGC).
    (2) The supporting documentation must be reviewed by Office of the 
Chief of Legislative Liaison (OCLL) and Office of the Chief of Public 
Affairs (OCPA).
    (3) Proponents must allow a minimum of 30 days to review the 
documentation and must allow sufficient time to address comments from 
these offices prior to publishing the NOA.
    (4) The proponent may consider publishing the NOA in local 
publication resources near each site. Proponents are strongly advised 
to seek the assistance of the local environmental office and command 
structure in addressing the need for such notification.


Sec. 651.7  Delegation of authority for non-acquisition systems.

    (a) MACOMs can request delegation authority and responsibility for 
an EA of national concern or an EIS from ASA(I&E). The proponent, 
through the appropriate chain of command, and with the concurrence of 
environmental offices, forwards to HQDA (ODEP) the request to propose, 
prepare, and finalize an EA and FNSI or EIS through the ROD stage. The 
request must include, at a minimum, the following:
    (1) A description of the purpose and need for the action.
    (2) A description of the proposed action and a preliminary list of 
alternatives to that proposed action, including the ``no action'' 
alternative. This constitutes the DOPAA.
    (3) An explanation of funding requirements, including cost 
estimates, and how they will be met.
    (4) A brief description of potential issues of concern or 
controversy, including any issues of potential Army-wide impact.
    (5) A plan for scoping and public participation.
    (6) A timeline, with milestones for the EIS action.
    (b) If granted, a formal letter will be provided by ASA(I&E) 
outlining extent, conditions, and requirements for the NEPA action. 
Only the ASA(I&E) can delegate this authority and responsibility. When 
delegated signature authority by HQDA, the MACOM will be responsible 
for complying with this part and associated Army environmental policy. 
This delegation, at the discretion of ASA(I&E), can include specific 
authority and responsibility for coordination and staffing of:
    (1) EAs and FNSIs, and associated transmittal packages, as 
specified in Sec. 651.35(c).
    (2) NOIs, Preliminary Draft EISs (PDEISs), Draft EISs (DEISs), 
Final EISs (FEISs), RODs and all associated transmittal packages as 
specified in Sec. 651.45. Such delegation will specify requirements for 
coordination with ODEP and ASA (I&E).


Sec. 651.8  Disposition of final documents.

    All NEPA documentation and supporting administrative records shall 
be retained by the proponent's office for a minimum of six years after 
signature of the FNSI/ROD or the completion of the action, whichever is 
greater. Copies of EAs, and final EISs will be forwarded to AEC for 
cataloging and retention in the Army NEPA library. The DEIS and FEIS 
will be retained until the proposed action and any mitigation program 
is complete or the information therein is no longer valid. The ACSIM 
shall forward copies of all FEISs to DTIC, the National Archives, and 
Records Administration.

Subpart B--National Environmental Policy Act and the Decision 
Process


Sec. 651.9  Introduction.

    (a) The NEPA process is the systematic examination of possible and 
probable environmental consequences of implementing a proposed action. 
Integration of the NEPA process with other Army projects and program 
planning must occur at the earliest possible time to ensure that:
    (1) Planning and decision-making reflect Army environmental values, 
such as compliance with environmental policy, laws, and regulations; 
and that these values are evident in Army decisions. In addition, Army 
decisions must reflect consideration of other requirements such as 
Executive Orders and other non-statutory requirements, examples of 
which are enumerated in Sec. 651.14(e).
    (2) Army and DOD environmental policies and directives are 
implemented.
    (3) Delays and potential conflicts in the process are minimized. 
The public should be involved as early as possible to avoid potential 
delays.
    (b) All Army decision-making that may impact the human environment 
will use a systematic, interdisciplinary approach that ensures the 
integrated use of the natural and social sciences, planning, and the 
environmental design arts (section 102(2)(a), Public Law 91-190, 83 
Stat. 852, National Environmental Policy Act of 1969 (NEPA)). This 
approach allows timely identification of environmental effects and 
values in sufficient detail for concurrent evaluation with economic, 
technical, and mission-related analyses, early in the decision process.
    (c) The proponent of an action or project must identify and 
describe the range of reasonable alternatives to accomplish the purpose 
and need for the proposed action or project, taking a ``hard look'' at 
the magnitude of potential impacts of implementing the reasonable 
alternatives, and evaluating their significance. To assist in 
identifying reasonable alternatives, the proponent should consult with 
the installation environmental office and appropriate federal, tribal, 
state, and local agencies, and the general public.


Sec. 651.10  Actions requiring environmental analysis.

    The general types of proposed actions requiring environmental 
impact analysis under NEPA, unless categorically excluded or otherwise 
included in existing NEPA documentation, include:
    (a) Policies, regulations, and procedures (for example, Army and 
installation regulations).
    (b) New management and operational concepts and programs, including 
logistics; RDT&E procurement; personnel assignment; real property and 
facility management (such as master plans); and environmental programs 
such as Integrated Natural Resource Management Plan (INRMP), Integrated 
Cultural Resources Management Plan (ICRMP), and Integrated Pest 
Management Plan. NEPA requirements may be incorporated into other Army 
plans in accordance with 40 CFR 1506.4.
    (c) Projects involving facilities construction.
    (d) Operations and activities including individual and unit 
training, flight operations, overall operation of installations, or 
facility test and evaluation programs.
    (e) Actions that require licenses for operations or special 
material use, including a Nuclear Regulatory Commission (NRC) license, 
an Army radiation authorization, or Federal Aviation Administration air 
space

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request (new, renewal, or amendment), in accordance with AR 95-50.
    (f) Materiel development, operation and support, disposal, and/or 
modification as required by DOD 5000.2-R.
    (g) Transfer of significant equipment or property to the ARNG or 
Army Reserve.
    (h) Research and development including areas such as genetic 
engineering, laser testing, and electromagnetic pulse generation.
    (i) Leases, easements, permits, licenses, or other entitlement for 
use, to include donation, exchange, barter, or Memorandum of 
Understanding (MOU). Examples include grazing leases, grants of 
easement for highway right-of-way, and requests by the public to use 
land for special events such as air shows or carnivals.
    (j) Federal contracts, grants, subsidies, loans, or other forms of 
funding such as Government-Owned, Contractor-Operated (GOCO) industrial 
plants or housing and construction via third-party contracting.
    (k) Request for approval to use or store materials, radiation 
sources, hazardous and toxic material, or wastes on Army land. If the 
requester is non-Army, the responsibility to prepare proper 
environmental documentation may rest with the non-Army requester, who 
will provide needed information for Army review. The Army must review 
and adopt all NEPA documentation before approving such requests.
    (l) Projects involving chemical weapons/munitions.


Sec. 651.11  Environmental review categories.

    The following are the five broad categories into which a proposed 
action may fall for environmental review:
    (a) Exemption by law. The law must apply to DOD and/or the Army and 
must prohibit, exempt, or make impossible full compliance with the 
procedures of NEPA (40 CFR 1506.11). While some aspects of Army 
decision-making may be exempted from NEPA, other aspects of an action 
are still subject to NEPA analysis and documentation. The fact that 
Congress has directed the Army to take an action does not constitute an 
exemption.
    (b) Emergencies. In the event of an emergency, the Army will, as 
necessary, take immediate actions that have environmental impacts, such 
as those to promote national defense or security or to protect life or 
property, without the specific documentation and procedural 
requirements of other sections of this part. In such cases, at the 
earliest practicable time, the HQDA proponent will notify the ODEP, 
which in turn will notify the ASA(I&E). ASA(I&E) will coordinate with 
the Deputy Under Secretary of Defense for Installations and Environment 
(DUSD(IE)) and the CEQ regarding the emergency and subsequent NEPA 
compliance after the emergency action has been completed. These 
notifications apply only to actions necessary to control the immediate 
effects of the emergency. Other actions remain subject to NEPA review 
(40 CFR 1506.11). A public affairs plan should be developed to ensure 
open communication among the media, the public, and the installation. 
The Army will not delay an emergency action necessary for national 
defense, security, or preservation of human life or property in order 
to comply with this part or the CEQ regulations. However, the Army's 
on-site commander dealing with the emergency will consider the probable 
environmental consequences of proposed actions, and will minimize 
environmental damage to the maximum degree practicable, consistent with 
protecting human life, property, and national security. State call-ups 
of ARNG during a natural disaster or other state emergency are excluded 
from this notification requirement. After action reports may be 
required at the discretion of the ASA(I&E).
    (c) Categorical Exclusions (CXs). These are categories of actions 
that normally do not require an EA or an EIS. The Army has determined 
that they do not individually or cumulatively have a substantial effect 
on the human environment. Qualification for a CX is further described 
in Subpart D and Appendix B of this part. In accordance with 
Sec. 651.29, actions that degrade the existing environment or are 
environmentally controversial or adversely affect environmentally 
sensitive resources will require an EA.
    (d) Environmental Assessment. Proposed Army actions not covered in 
the first three categories (paragraphs (a) through (c) of this section) 
must be analyzed to determine if they could cause significant impacts 
to the human or natural environment (see Sec. 651.39). The EA 
determines whether possible impacts are significant, thereby warranting 
an EIS. This requires a ``hard look'' at the magnitude of potential 
impacts, evaluation of their significance, and documentation in the 
form of either an NOI to prepare an EIS or a FNSI. The format 
(Sec. 651.34) and requirements for this analysis are addressed in 
Subpart E of this part (see Sec. 651.33 for actions normally requiring 
an EA). The EA is a valuable planning tool to discuss and document 
environmental impacts, alternatives, and controversial actions, 
providing public and agency participation, and identifying mitigation 
measures.
    (e) EIS. When an action clearly has significant impacts or when an 
EA cannot be concluded by a FNSI, an EIS must be prepared. An EIS is 
initiated by the NOI (Sec. 651.22), and will examine the significant 
environmental effects of the proposed action as well as accompanying 
measures to mitigate those impacts. This process requires formal 
interaction with the public, a formal ``scoping'' process, and 
specified timelines for public review of the documentation and the 
incorporation of public comments. The format and requirements for the 
EIS are addressed in Subpart F of this part (see Sec. 651.42 for 
actions normally requiring an EIS).


Sec. 651.12  Determining appropriate level of NEPA analysis.

    (a) The flow chart shown in Figure 1 summarizes the process for 
determining documentation requirements, as follows:
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    (1) If the proposed action qualifies as a CX (Subpart D of this 
part), and the screening criteria are met (Sec. 651.29), the action can 
proceed. Some CXs require a REC.
    (2) If the proposed action is adequately covered within an existing 
EA or EIS, a REC is prepared to that effect. The REC should state the 
applicable EA or EIS title and date, and identify where it may be 
reviewed (Sec. 651.19, Figure 3). The REC is then attached to the 
proponent's record copy of that EA or EIS.
    (3) If the proposed action is within the general scope of an 
existing EA or EIS, but requires additional information, a supplement 
is prepared, considering the new, modified, or missing information. 
Existing documents are incorporated by reference and conclusions are 
published as either a FNSI or NOI to supplement the EIS.
    (4) If the proposed action is not covered adequately in any 
existing EA or EIS, or is of a significantly larger scope than that 
described in the existing document, an EA is prepared, followed by 
either a FNSI or NOI to prepare an EIS. Initiation of an EIS may 
proceed without first preparing an EA, if deemed appropriate by the 
proponent.
    (5) If the proposed action is not within the scope of any existing 
EA or EIS, then the proponent must begin the preparation of a new EA or 
EIS, as appropriate.
    (b) The proponent of a proposed action may adopt appropriate 
environmental documents (EAs or EISs) prepared by another agency (40 
CFR 1500.4(n) and 1506.3). In such cases, the proponent will document 
their use in a REC FNSI, or ROD.


Sec. 651.13  Classified actions.

    (a) For proposed actions and NEPA analyses involving classified 
information, AR 380-5 (Department of the Army Information Security 
Program) will be followed.
    (b) Classification does not relieve a proponent of the requirement 
to assess and document the environmental effects of a proposed action.
    (c) When classified information can be reasonably separated from 
other information and a meaningful environmental analysis produced, 
unclassified documents will be prepared and processed in accordance 
with this part. Classified portions will be kept separate and provided 
to reviewers and decision makers in accordance with AR 380-5.
    (d) When classified information is such an integral part of the 
analysis of a proposal that a meaningful unclassified NEPA analysis 
cannot be produced, the proponent, in consultation with the appropriate 
security and environmental offices, will form a team to review 
classified NEPA analysis. This interdisciplinary team will include 
environmental professionals to ensure that the consideration of 
environmental effects will be consistent with the letter and intent of 
NEPA, including public participation requirements for those aspects 
which are not classified.


Sec. 651.14  Integration with Army planning.

    (a) Early integration. The Army goal is to concurrently integrate 
environmental reviews with other Army planning and decision-making 
actions, thereby avoiding delays in mission accomplishment. To achieve 
this goal, proponents shall complete NEPA analysis as part of any 
recommendation or report to decision makers prior to the decision 
(subject to 40 CFR 1506.1). Early planning (inclusion in Installation 
Master Plans, INRMPs, ICRMPs, Acquisition Strategies, strategic plans, 
etc.) will allow efficient program or project execution later in the 
process.
    (1) The planning process will identify issues that are likely to 
have an effect on the environment, or to be controversial. In most 
cases, local citizens and/or existing advisory groups should assist in 
identifying potentially controversial issues during the planning 
process. The planning process also identifies minor issues that have 
little or no measurable environmental effect, and it is sound NEPA 
practice to reduce or eliminate discussion of minor issues to help 
focus analyses. Such an approach will minimize unnecessary analysis and 
discussion in the NEPA process and documents.
    (2) Decision makers will be informed of and consider the 
environmental consequences at the same time as other factors such as 
mission requirements, schedule, and cost. If permits or coordination 
are required (for example, Section 404 of the Clean Water Act, 
Endangered Species Act consultation, Section 106 of the National 
Historic Preservation Act (NHPA), etc.), they should be initiated no 
later than the scoping phase of the process and should run parallel to 
the NEPA process, not sequential to it. This practice is in accordance 
with the recommendations presented in the CEQ publication entitled 
``The National Environmental Policy Act: A Study of Its Effectiveness 
After Twenty-five Years.''
    (3) NEPA documentation will accompany the proposal through the Army 
review and decision-making processes. These documents will be forwarded 
to the planners, designers, and/or implementers, ensuring that the 
recommendations and mitigations upon which the decision was based are 
being carried out. The implementation process will provide necessary 
feedback for adaptive environmental management; responding to 
inaccuracies or uncertainties in the Army's ability to accurately 
predict impacts, changing field conditions, or unexpected results from 
monitoring. The integration of NEPA into the ongoing planning 
activities of the Army can produce considerable savings to the Army.\1\
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    \1\ For example, a well-executed EA or EIS on an Installation 
Master Plan can eliminate the need for many case-by-case analyses 
and documentation for construction projects. After the approval of 
an adequate comprehensive plan (which adequately addresses the 
potential for environmental effects), subsequent projects can tier 
off of the Master Plan NEPA analysis (AR 210-20). Other integration 
of the NEPA process and broad-level planning can lead to the 
``tiering'' of NEPA, allowing the proponent to minimize the effort 
spent on individual projects, and ``incorporating by reference'' the 
broader level environmental considerations. This tiering allows the 
development of program level (programmatic) EAs and EISs, which can 
introduce greater economies of scale. These assessments are 
addressed in more detail in paragraph (c) of this section.
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    (b) Time limits. The timing of the preparation, circulation, 
submission, and public availability of NEPA documentation is important 
to ensure that environmental values are integrated into Army planning 
and decisions.
    (1) Categorical exclusions. When a proposed action is categorically 
excluded from further environmental review (Subpart D and Appendix B of 
this part), the proponent may proceed immediately with that action upon 
receipt of all necessary approvals, (including local environmental 
office confirmation that the CX applies to the proposal) and the 
preparation of a REC, if required.
    (2) Findings of no significant impact. (i) A proponent will make an 
EA and draft FNSI available to the public for review and comment for a 
minimum of 30 days prior to making a final decision and proceeding with 
an action. If the proposed action is one of national concern, is 
unprecedented, or normally requires an EIS (Sec. 651.42), the FNSI must 
be published in the FR. Otherwise, the FNSI must be published in local 
newspapers and be made widely available. The FNSI must articulate the 
deadline for receipt of comments, availability of the EA for review, 
and steps required to obtain the EA. This can include a POC, address, 
and phone number; a location; a reference to a website; or some 
equivalent mechanism. (In no cases will the only coordination mechanism 
be a website.) At the conclusion of the appropriate comment

[[Page 15303]]

period, as specified in Figure 2, the decision maker may sign the FNSI 
and take immediate action, unless sufficient public comments are 
received to warrant more time for their resolution. Figure 2 follows:
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    (ii) A news release is required to publicize the availability of 
the EA and draft FNSI, and a simultaneous announcement that includes 
publication in the FR must be made by HQDA, if warranted (see 
Sec. 651.35 (e)). The 30-day waiting period begins at the time that the 
draft FNSI is publicized (40 CFR 1506.6(b)).
    (iii) In cases where the 30-day comment period jeopardizes the 
project and the full comment period would provide no public benefit, 
the period may be shortened with appropriate approval by a higher 
decision authority (such as a MACOM). In no circumstances should the 
public comment period for an EA/draft FNSI be less than 15 days. A 
deadline and POC for receipt of comments must be included in the draft 
FNSI and the news release.
    (3) EIS. The EPA publishes a weekly notice in the FR of the EISs 
filed during the preceding week. This notice usually occurs each 
Friday. An NOA reaching EPA on a Friday will be published in the 
following Friday issue of the FR. Failure to deliver an NOA to EPA by 
close of business on Friday will result in an additional one-week 
delay. A news release publicizing the action will be made in 
conjunction with the notice in the FR. The following time periods, 
calculated from the publication date of the EPA notice, will be 
observed:
    (i) Not less than 45 days for public comment on DEISs (40 CFR 
1506.10(c)).
    (ii) Not less than 15 days for public availability of DEISs prior 
to any public hearing on the DEIS (40 CFR 1506(c)(2)).
    (iii) Not less than 90 days from filing the DEIS prior to any 
decision on the proposed action. These periods may run concurrently (40 
CFR 1506.10(b) and (c)).
    (iv) The time periods prescribed here may be extended or reduced in 
accordance with 40 CFR 1506.10(b)(2) and (d).
    (v) When variations to these time limits are set, the Army agency 
should consider the factors in 40 CFR 1501.8(b)(1).
    (vi) The proponent may also set time limits for other procedures or 
decisions related to DEISs and FEISs as listed in 40 CFR 1501.8(b)(2).
    (vii) Because the entire EIS process could require more than one 
year (Figure 2 in paragraph (b)(2)(i) of this section), the process 
must begin as soon as the project is sufficiently mature to allow 
analysis of alternatives and the proponent must coordinate with all 
staff elements with a role to play in the NEPA process. DEIS 
preparation and response to comments constitute the largest portion of 
time to prepare an FEIS.
    (viii) A public affairs plan should be developed that provides for 
periodic interaction with the community. There is a minimum public 
review time of 90 days between the publication of the DEIS and the 
announcement of the ROD. After the availability of the ROD is 
announced, the action may proceed. This announcement must be made 
through the FR for those EISs for which HQDA signs the ROD. For other 
EISs, announcements in the local press are adequate. Figure 2 in 
paragraph (b)(2)(i) of this section indicates typical and required time 
periods for EISs.
    (c) Programmatic environmental review (tiering). (1) Army agencies 
are encouraged to analyze actions at a programmatic level for those 
programs that are similar in nature or broad in scope (40 CFR 
1502.4(c), 1502.20, and 1508.23). This level of analysis will eliminate 
repetitive discussions of the same issues and focus on the key issues 
at each appropriate level of project review. When a broad programmatic 
EA or EIS has been prepared, any subsequent EIS or EA on an action 
included within the entire program or policy (particularly a site-
specific action) need only summarize issues discussed in the broader 
statement and concentrate on the issues specific to the subsequent 
action.\2\ This subsequent

[[Page 15304]]

document will state where the earlier document is available.
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    \2\ As an example, an appropriate way to address diverse weapon 
system deployments would be to produce site-specific EAs or EISs for 
each major deployment installation, using the generic environmental 
effects of the weapon system identified in a programmatic EA or EIS 
prepared by the MATDEV.
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    (2) Army proponents are normally required to prepare many types of 
management plans that must include or be accompanied by appropriate 
NEPA analysis. NEPA analysis for these types of plans can often be 
accomplished with a programmatic approach, creating an analysis that 
covers a number of smaller projects or activities. In cases where such 
activities are adequately assessed as part of these normal planning 
activities, a REC can be prepared for smaller actions that cite the 
document in which the activities were previously assessed. Care must be 
taken to ensure that site-specific or case-specific conditions are 
adequately addressed in the existing programmatic document before a REC 
can be used, and the REC must reflect this consideration. If additional 
analyses are required, they can ``tier'' off the original analyses, 
eliminating duplication. Tiering, in this manner, is often applicable 
to Army actions that are long-term, multi-faceted, or multi-site.
    (d) Scoping. (1) When the planning for an Army project or action 
indicates a need for an EIS, the proponent initiates the scoping 
process (see Subpart G of this part for procedures and actions). This 
process determines the scope of issues to address in the EIS and 
identifies the significant issues related to the proposed action. 
During the scoping, process participants identify the range of actions, 
alternatives, and impacts to consider in the EIS (40 CFR 1508.25). For 
an individual action, the scope may depend on the relationship of the 
proposed action to other NEPA documents. The scoping phase of the NEPA 
process, as part of project planning, will identify aspects of the 
proposal that are likely to have an effect or be controversial; and 
will ensure that the NEPA analyses are useful for a decision maker. For 
example, the early identification and initiation of permit or 
coordination actions can facilitate problem resolution, and, similarly, 
cumulative effects can be addressed early in the process and at the 
appropriate spatial and temporal scales.
    (2) The extent of the scoping process, including public 
involvement, will depend on several factors. These factors include:
    (i) The size and type of the proposed action.
    (ii) Whether the proposed action is of regional or national 
interest.
    (iii) Degree of any associated environmental controversy.
    (iv) Size of the affected environmental parameters.
    (v) Significance of any effects on them.
    (vi) Extent of prior environmental review.
    (vii) Involvement of any substantive time limits.
    (viii) Requirements by other laws for environmental review.
    (ix) Cumulative impacts.
    (3) Through scoping, many future controversies can be eliminated, 
and public involvement can be used to narrow the scope of the study, 
concentrating on those aspects of the analysis that are truly 
important.
    (4) The proponent may incorporate scoping as part of the EA 
process, as well. If the proponent chooses a public involvement 
strategy, the extent of scoping incorporated is at the proponent's 
discretion.
    (e) Analyses and documentation. Several statutes, regulations, and 
Executive Orders require analyses, consultation, documentation, and 
coordination, which duplicate various elements and/or analyses required 
by NEPA and the CEQ regulations; often leading to confusion, 
duplication of effort, omission, and, ultimately, unnecessary cost and 
delay. Therefore, Army proponents are encouraged to identify, early in 
the NEPA process, opportunities for integrating those requirements into 
proposed Army programs, policies, and projects. Environmental analyses 
required by this part will be integrated as much as practicable with 
other environmental reviews, laws, and Executive Orders (40 CFR 
1502.25). Incorporation of these processes must ensure that the 
individual requirements are met, in addition to those required by NEPA. 
The NEPA process does not replace the procedural or substantive 
requirements of other environmental statutes and regulations. Rather, 
it addresses them in one place so the decision maker has a concise and 
comprehensive view of the major environmental issues and understands 
the interrelationships and potential conflicts among the environmental 
components. NEPA is the ``umbrella'' that facilitates such coordination 
by integrating processes that might otherwise proceed independently. 
Prime candidates for such integration include, but are not limited to, 
the following:
    (1) Clean Air Act, as amended (General Conformity Rule, 40 CFR 
parts 51 and 93).
    (2) Endangered Species Act.
    (3) NHPA, sections 106 and 110.
    (4) NAGPRA (Public Law 101-601, 104 Stat. 3048).
    (5) Clean Water Act, including Section 404(b)(1).
    (6) American Indian Religious Freedom Act.
    (7) Fish and Wildlife Coordination Act.
    (8) Comprehensive Environmental Response, Compensation, and 
Liability Act.
    (9) Resource Conservation and Recovery Act.
    (10) Pollution Prevention Act.
    (11) The Sikes Act, Public Law 86-797, 74 Stat. 1052.
    (12) Federal Compliance with Right-to-Know Laws and Pollution 
Prevention Requirements (Executive Order 12856, 3 CFR, 1993 Comp., p. 
616).
    (13) Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (Executive Order 12898, 3 CFR, 
1994 Comp., p. 859).
    (14) Indian Sacred Sites (Executive Order 13007, 3 CFR, 1996 Comp., 
p. 196).
    (15) Protection of Children From Environmental Health Risks and 
Safety Risks (Executive Order 13045, 3 CFR, 1997 Comp., p. 198).
    (16) Federal Support of Community Efforts Along American Heritage 
Rivers (Executive Order 13061, 3 CFR, 1997 Comp., p. 221).
    (17) Floodplain Management (Executive Order 11988, 3 CFR, 1977 
Comp., p. 117).
    (18) Protection of Wetlands (Executive Order 11990, 3 CFR, 1977 
Comp., p. 121).
    (19) Environmental Effects Abroad of Major Federal Actions 
(Executive Order 12114, 3 CFR, 1979 Comp., p. 356).
    (20) Invasive Species (Executive Order 13112, 3 CFR, 1999 Comp., p. 
159).
    (21) AR 200-3, Natural Resources--Land, Forest, and Wildlife 
Management.
    (22) Environmental analysis and documentation required by various 
state laws.
    (23) Any cost-benefit analyses prepared in relation to a proposed 
action (40 CFR 1502.23).
    (24) Any permitting and licensing procedures required by federal 
and state law.
    (25) Any installation and Army master planning functions and plans.
    (26) Any installation management plans, particularly those that 
deal directly with the environment.
    (27) Any stationing and installation planning, force development 
planning, and materiel acquisition planning.
    (28) Environmental Noise Management Program.
    (29) Hazardous waste management plans.

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    (30) Integrated Cultural Resource Management Plan as required by AR 
200-4 and DODD 4700.4, Natural Resources Management Program.
    (31) Asbestos Management Plans.
    (32) Integrated Natural Resource Management Plans, AR 200-3, 
Natural Resources--Land, Forest, and Wildlife Management, and DODD 
4700.4, Natural Resources Management Program.
    (33) Environmental Baseline Surveys.
    (34) Programmatic Environment, Safety, and Health Evaluation 
(PESHE) as required by DOD 5000.2-R and DA Pamphlet 70-3, Army 
Acquisition Procedures, supporting AR 70-1, Acquisition Policy.
    (35) The DOD MOU to Foster the Ecosystem Approach signed by CEQ, 
and DOD, on 15 December 1995; establishing the importance of ``non-
listed,'' ``non-game,'' and ``non-protected'' species.
    (36) Other requirements (such as health risk assessments), when 
efficiencies in the overall Army environmental program will result.
    (f) Integration into Army acquisition. The Army acquisition 
community will integrate environmental analyses into decision-making, 
as required in this part ensuring that environmental considerations 
become an integral part of total program planning and budgeting, PEOs, 
and Program, Product, and Project Managers integrate the NEPA process 
early, and acquisition planning and decisions reflect national and Army 
environmental values and considerations. By integrating pollution 
prevention and other aspects of any environmental analysis early into 
the materiel acquisition process, the PEO and PM facilitate the 
identification of environmental cost drivers at a time when they can be 
most effectively controlled. NEPA program coordinators should refer to 
DA Pamphlet 70-3, Army Acquisition Procedures, and the Defense 
Acquisition Deskbook (DAD) for current specific implementation 
guidance, procedures, and POCs.
    (g) Relations with local, state, regional, and tribal agencies. (1) 
Army installation, agency, or activity environmental officers or 
planners should establish a continuing relationship with other 
agencies, including the staffs of adjacent local, state, regional, and 
tribal governments and agencies. This relationship will promote 
cooperation and resolution of mutual land use and environment-related 
problems, and promote the concept of regional ecosystem management as 
well as general cooperative problem solving. Many of these ``partners'' 
will have specialized expertise and access to environmental baseline 
data, which will assist the Army in day-to-day planning as well as 
NEPA-related issues. MOUs are encouraged to identify areas of mutual 
interest, establish POCs, identify lines of communication between 
agencies, and specify procedures to follow in conflict resolution. 
Additional coordination is available from state and area-wide planning 
and development agencies. Through this process, the proponent may gain 
insights on other agencies' approaches to EAs, surveys, and studies 
applicable to the current proposal. These other agencies would also be 
able to assist in identifying possible participants in scoping 
procedures for projects requiring an EIS.
    (2) In some cases, local, state, regional, or tribal governments or 
agencies will have sufficient jurisdiction by law or special expertise 
with respect to reasonable alternatives or significant environmental, 
social, or economic impacts associated with a proposed action. When 
appropriate, proponents of an action should determine whether these 
entities have an interest in becoming a cooperating agency (Sec. 651.45 
(b) and 40 CFR 1501.6). If cooperating agency status is established, a 
memorandum of agreement is required to document specific expectations, 
roles, and responsibilities, including analyses to be performed, time 
schedules, availability of pre-decisional information, and other 
issues. Cooperating agencies may use their own funds, and the 
designation of cooperating agency status neither enlarges nor 
diminishes the decision-making status of any federal or non-federal 
entities (see CEQ Memorandum for Heads of Federal Agencies entitled 
``Designation of Non-Federal Agencies to be Cooperating Agencies in 
Implementing the Procedural Requirements of the National Environmental 
Policy Act'' dated 28 July 1999, available from the President's Council 
on Environmental Quality (CEQ), Executive Office of the President of 
the U.S.). In determining sufficient jurisdiction or expertise, CEQ 
regulations can be used as guidance.
    (h) The Army as a cooperating agency. Often, other agencies take 
actions that can negatively impact the Army mission. In such cases, the 
Army may have some special or unique expertise or jurisdiction.
    (1) The Army may be a cooperating agency (40 CFR 1501.6) in order 
to:
    (i) Provide information or technical expertise to a lead agency.
    (ii) Approve portions of a proposed action.
    (iii) Ensure the Army has an opportunity to be involved in an 
action of another federal agency that will affect the Army.
    (iv) Provide review and approval of the portions of EISs and RODs 
that affect the Army.
    (2) Adequacy of an EIS is primarily the responsibility of the lead 
agency. However, as a cooperating agency with approval authority over 
portions of a proposal, the Army may adopt an EIS if review concludes 
the EIS adequately satisfies the Army's comments and suggestions.
    (3) If the Army is a major approval authority for the proposed 
action, the appropriate Army official may sign the ROD prepared by the 
lead agency, or prepare a separate, more focused ROD. If the Army's 
approval authority is only a minor aspect of the overall proposal, such 
as issuing a temporary use permit, the Army need not sign the lead 
agency's ROD or prepare a separate ROD.
    (4) The magnitude of the Army's involvement in the proposal will 
determine the appropriate level and scope of Army review of NEPA 
documents. If the Army is a major approval authority or may be severely 
impacted by the proposal or an alternative, the Army should undertake 
the same level of review as if it were the lead agency. If the 
involvement is limited, the review may be substantially less. The lead 
agency is responsible for overall supervision of the EIS, and the Army 
will attempt to meet all reasonable time frames imposed by the lead 
agency.
    (5) If an installation (or other Army organization) should become 
aware of an EIS being prepared by another federal agency in which they 
may be involved within the discussion of the document, they should 
notify ASA(I&E) through the chain of command. ASA(I&E) will advise 
regarding appropriate Army participation as a cooperating agency, which 
may simply involve local coordination.


Sec. 651.15  Mitigation and monitoring.

    (a) Throughout the environmental analysis process, the proponent 
will consider mitigation measures to avoid or minimize environmental 
harm. Mitigation measures include:
    (1) Avoiding the impact altogether, by eliminating the action or 
parts of the action.
    (2) Minimizing impacts by limiting the degree or magnitude of the 
action and its implementation.
    (3) Rectifying the impact; by repairing, rehabilitating, or 
restoring the adverse effect on the environment.

[[Page 15306]]

    (4) Reducing or eliminating the impact over time, by preservation 
and maintenance operations during the life of the action.
    (5) Compensating for the impact, by replacing or providing 
substitute resources or environments. (Examples and further 
clarification are presented in Appendix C of this part.)
    (b) When the analysis proceeds to an EA or EIS, mitigation measures 
will be clearly assessed and those selected for implementation will be 
identified in the FNSI or the ROD. The proponent must implement those 
identified mitigations, because they are commitments made as part of 
the Army decision. The proponent is responsible for responding to 
inquiries from the public or other agencies regarding the status of 
mitigation measures adopted in the NEPA process. The mitigation shall 
become a line item in the proponent's budget or other funding document, 
if appropriate, or included in the legal document implementing the 
action (for example, contracts, leases, or grants). Only those 
practical mitigation measures that can reasonably be accomplished as 
part of a proposed alternative will be identified. Any mitigation 
measures selected by the proponent will be clearly outlined in the NEPA 
decision document, will be budgeted and funded (or funding arranged) by 
the proponent, and will be identified, with the appropriate fund code, 
in the EPR (AR 200-1). Mitigations will be monitored through 
environmental compliance reporting, such as the ISR (AR 200-1) or the 
Environmental Quality Report. Mitigation measures are identified and 
funded in accordance with applicable laws, regulations, or other media 
area requirements.
    (c) Based upon the analysis and selection of mitigation measures 
that reduce environmental impacts until they are no longer significant, 
an EA may result in a FNSI. If a proponent uses mitigation measures in 
such a manner, the FNSI must identify these mitigating measures, and 
they become legally binding and must be accomplished as the project is 
implemented. If any of these identified mitigation measures do not 
occur, so that significant adverse environmental effects could 
reasonably expected to result, the proponent must publish an NOI and 
prepare an EIS.
    (d) Potential mitigation measures that appear practical, and are 
unobtainable within expected Army resources, or that some other agency 
(including non-Army agencies) should perform, will be identified in the 
NEPA analysis to the maximum extent practicable. A number of factors 
determine what is practical, including military mission, manpower 
restrictions, cost, institutional barriers, technical feasibility, and 
public acceptance. Practicality does not necessarily ensure resolution 
of conflicts among these items, rather it is the degree of conflict 
that determines practicality. Although mission conflicts are 
inevitable, they are not necessarily insurmountable; and the proponent 
should be cautious about declaring all mitigations impractical and 
carefully consider any manpower requirements. The key point concerning 
both the manpower and cost constraints is that, unless money is 
actually budgeted and manpower assigned, the mitigation does not exist. 
Coordination by the proponent early in the process will be required to 
allow ample time to get the mitigation activities into the budget 
cycle. The project cannot be undertaken until all required mitigation 
efforts are fully resourced, or until the lack of funding and resultant 
effects, are fully addressed in the NEPA analysis.
    (e) Mitigation measures that were considered but rejected, 
including those that can be accomplished by other agencies, must be 
discussed, along with the reason for the rejection, within the EA or 
EIS. If they occur in an EA, their rejection may lead to an EIS, if the 
resultant unmitigated impacts are significant.
    (f) Proponents may request assistance with mitigation from 
cooperating non-Army agencies, when appropriate. Such assistance is 
appropriate when the requested agency was a cooperating agency during 
preparation of a NEPA document, or has the technology, expertise, time, 
funds, or familiarity with the project or the local ecology necessary 
to implement the mitigation measure more effectively than the lead 
agency.
    (g) The proponent agency or other appropriate cooperating agency 
will implement mitigations and other conditions established in the EA 
or EIS, or commitments made in the FNSI or ROD. Legal documents 
implementing the action (such as contracts, permits, grants) will 
specify mitigation measures to be performed. Penalties against a 
contractor for noncompliance may also be specified as appropriate. 
Specification of penalties should be fully coordinated with the 
appropriate legal advisor.
    (h) A monitoring and enforcement program for any mitigation will be 
adopted and summarized in the NEPA documentation (see Appendix C of 
this part for guidelines on implementing such a program). Whether 
adoption of a monitoring and enforcement program is applicable (40 CFR 
1505.2(c)) and whether the specific adopted action requires monitoring 
(40 CFR 1505.3) may depend on the following:
    (1) A change in environmental conditions or project activities 
assumed in the EIS (such that original predictions of the extent of 
adverse environmental impacts may be too limited);
    (2) The outcome of the mitigation measure is uncertain (for 
example, new technology);
    (3) Major environmental controversy remains associated with the 
selected alternative; or
    (4) Failure of a mitigation measure, or other unforeseen 
circumstances, could result in a failure to meet achievement of 
requirements (such as adverse effects on federal or state listed 
endangered or threatened species, important historic or archaeological 
sites that are either listed or eligible for nomination to the National 
Register of Historic Places, wilderness areas, wild and scenic rivers, 
or other public or private protected resources). Proponents must follow 
local installation environmental office procedures to coordinate with 
appropriate federal, tribal, state, or local agencies responsible for a 
particular program to determine what would constitute ``adverse 
effects.''
    (i) Monitoring is an integral part of any mitigation system.
    (1) Enforcement monitoring ensures that mitigation is being 
performed as described in the NEPA documentation, mitigation 
requirements and penalty clauses are written into any contracts, and 
required provisions are enforced. The development of an enforcement 
monitoring program is governed by who will actually perform the 
mitigation: a contractor, a cooperating agency, or an in-house (Army) 
lead agency. Detailed guidance is contained in Appendix C of this part. 
The proponent is ultimately responsible for performing any mitigation 
activities. All monitoring results will be sent to the installation 
Environmental Office; in the case of the Army Reserves, the Regional 
Support Commands (RSCs); and, in the case of the National Guard, the 
NGB.
    (2) Effectiveness monitoring measures the success of the mitigation 
effort and/or the environmental effect. While quantitative measurements 
are desired, qualitative measures may be required. The objective is to 
obtain enough information to judge the effect of the mitigation. In 
establishing the monitoring system, the responsible agent should 
coordinate the monitoring with the Environmental Office. Specific steps 
and guidelines are included in Appendix C of this part.

[[Page 15307]]

    (j) The monitoring program, in most cases, should be established 
well before the action begins, particularly when biological variables 
are being measured and investigated. At this stage, any necessary 
contracts, funding, and manpower assignments must be initiated. 
Technical results from the analysis should be summarized by the 
proponent and coordinated with the installation Environmental Office. 
Subsequent coordination with the concerned public and other agencies, 
as arranged through development of the mitigation plan, will be handled 
through the Environmental Office.
    (k) If the mitigations are effective, the monitoring should be 
continued as long as the mitigations are needed to address impacts of 
the initial action. If the mitigations are ineffective, the proponent 
and the responsible group should re-examine the mitigation measures, in 
consultation with the Environmental Office and appropriate experts, and 
resolve the inadequacies of the mitigation or monitoring. Professionals 
with specialized and recognized expertise in the topic or issue, as 
well as concerned citizens, are essential to the credibility of this 
review. If a different program is required, then a new system must be 
established. If ineffective mitigations are identified which were 
required to reduce impact below significance levels (Sec. 651.35 (g)), 
the proponent may be required to publish an NOI and prepare an EIS 
(paragraph (c) of this section).
    (l) Environmental monitoring report. An environmental monitoring 
report is prepared at one or more points after program or action 
execution. Its purpose is to determine the accuracy of impact 
predictions. It can serve as the basis for adjustments in mitigation 
programs and to adjust impact predictions in future projects. Further 
guidance and clarification are included in Appendix C of this part.


Sec. 651.16  Cumulative impacts.

    (a) NEPA analyses must assess cumulative effects, which are the 
impact on the environment resulting from the incremental impact of the 
action when added to other past, present, and reasonably foreseeable 
future actions. Actions by federal, non-federal agencies, and private 
parties must be considered (40 CFR 1508.7).
    (b) The scoping process should be used to identify possible 
cumulative impacts. The proponent should also contact appropriate off-
post officials, such as tribal, state, county, or local planning 
officials, to identify other actions that should be considered in the 
cumulative effects analysis.
    (c) A suggested cumulative effects approach is as follows:
    (1) Identify the boundary of each resource category. Boundaries may 
be geographic or temporal. For example, the Air Quality Control Region 
(AQCR) might be the appropriate boundary for the air quality analysis, 
while a watershed could be the boundary for the water quality analysis. 
Depending upon the circumstances, these boundaries could be different 
and could extend off the installation.
    (2) Describe the threshold level of significance for that resource 
category. For example, a violation of air quality standards within the 
AQCR would be an appropriate threshold level.
    (3) Determine the environmental consequence of the action. The 
analysis should identify the cause and effect relationships, determine 
the magnitude and significance of cumulative effects, and identify 
possible mitigation measures.


Sec. 651.17  Environmental justice.

    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority and Low-Income Populations, 11 February 1994, 3 
CFR, 1994 Comp., p. 859) requires the proponent to determine whether 
the proposed action will have a disproportionate impact on minority or 
low-income communities, both off-post and on-post.

Subpart C-Records and Documents


Sec. 651.18  Introduction.

    NEPA documentation will be prepared and published double-sided on 
recycled paper. The recycled paper symbol should be presented on the 
inside of document covers.


Sec. 651.19  Record of environmental consideration.

    A Record of Environmental Consideration (REC) is a signed statement 
submitted with project documentation that briefly documents that an 
Army action has received environmental review. RECs are prepared for 
CXs that require them, and for actions covered by existing or previous 
NEPA documentation. A REC briefly describes the proposed action and 
timeframe, identifies the proponent and approving official(s), and 
clearly shows how an action qualifies for a CX, or is already covered 
in an existing EA or EIS. When used to support a CX, the REC must 
address the use of screening criteria to ensure that no extraordinary 
circumstances or situations exist. A REC has no prescribed format, as 
long as the above information is included. To reduce paperwork, a REC 
can reference such documents as real estate Environmental Baseline 
Studies (EBSs) and other documents, as long as they are readily 
available for review. While a REC may document compliance with the 
requirements of NEPA, it does not fulfill the requirements of other 
environmental laws and regulations. Figure 3 illustrates a possible 
format for the REC as follows:

[[Page 15308]]

[GRAPHIC] [TIFF OMITTED] TR29MR02.002

Sec. 651.20  Environmental assessment.

    An EA is intended to assist agency planning and decision-making. 
While required to assess environmental impacts and evaluate their 
significance, it is routinely used as a planning document to evaluate 
environmental impacts, develop alternatives and mitigation measures, 
and allow for agency and public participation. It:
    (a) Briefly provides the decision maker with sufficient evidence 
and analysis for determining whether a FNSI or an EIS should be 
prepared.
    (b) Assures compliance with NEPA, if an EIS is not required and a 
CX is inappropriate.
    (c) Facilitates preparation of an EIS, if required.
    (d) Includes brief discussions of the need for the proposed action, 
alternatives to the proposed action (NEPA, section 102(2)(e)), 
environmental impacts, and a listing of persons and agencies consulted 
(see Subpart E of this part for requirements).
    (e) The EA provides the proponent, the public, and the decision 
maker with sufficient evidence and analysis for determining whether 
environmental impacts of a proposed action are potentially significant. 
An EA is substantially less rigorous and costly than an EIS, but 
requires sufficient detail to identify and ascertain the significance 
of expected impacts associated with the proposed action and its 
alternatives. The EA can often provide the required ``hard look'' at 
the potential environmental effects of an action, program, or policy 
within 1 to 25 pages, depending upon the nature of the action and 
project-specific conditions.


Sec. 651.21  Finding of no significant impact.

    A Finding of No Significant Impact (FNSI) is a document that 
briefly states why an action (not otherwise excluded) will not 
significantly affect the environment, and, therefore, that an EIS will 
not be prepared. The FNSI includes a summary of the EA and notes any 
related NEPA documentation. If the EA is attached, the FNSI need not 
repeat any of the EA discussion, but may incorporate it by reference. 
The draft FNSI will be made available to the public for review and 
comment for 30 days prior to the initiation of an action, except in 
special circumstances when the public comment period is reduced to 15 
days, as discussed in Sec. 651.14(b)(2)(iii). Following the comment 
period and review of public comments, the proponent forwards a decision 
package that includes a comparison of environmental impacts associated 
with reasonable alternatives, summary of public concerns, revised FNSI 
(if necessary), and recommendations for the decision maker. The 
decision maker reviews the package, makes a decision, and signs the 
FNSI or the NOI (if the FNSI no longer applies). If a FNSI is signed by 
the decision maker, the action can proceed immediately.


Sec. 651.22  Notice of intent.

    A Notice of Intent (NOI) is a public notice that an EIS will be 
prepared. The NOI will briefly:
    (a) Describe the proposed and alternative actions.
    (b) Describe the proposed scoping process, including when and where 
any public meetings will be held.
    (c) State the name and address of the POC who can answer questions 
on the proposed action and the EIS (see Sec. 651.45(a) and Sec. 651.49 
for application).


Sec. 651.23  Environmental impact statement.

    An Environmental Impact statement (EIS) is a detailed written 
statement required by NEPA for major federal actions significantly 
affecting the quality of the human environment (42 U.S.C. 4321). A more 
complete discussion of EIS requirements is presented in Subpart F of 
this part.


Sec. 651.24  Supplemental EAs and supplemental EISs.

    As detailed in Sec. 651.5(g) and in 40 CFR 1502.9(c), proposed 
actions may

[[Page 15309]]

require review of existing NEPA documentation. If conditions warrant a 
supplemental document, these documents are processed in the same way as 
an original EA or EIS. No new scoping is required for a supplemental 
EIS filed within one year of the filing of the original ROD. If the 
review indicates no need for a supplement, that determination will be 
documented in a REC.


Sec. 651.25  Notice of availability.

    The Notice of Availability (NOA) is published by the Army to inform 
the public and others that a NEPA document is available for review. A 
NOA will be published in the FR, coordinating with EPA for draft and 
final EISs (including supplements), for RODs, and for EAs and FNSIs 
which are of national concern, are unprecedented, or normally require 
an EIS. EAs and FNSIs of local concern will be made available in 
accordance with Sec. 651.36. This agency NOA should not be confused 
with the EPA's notice of availability of weekly receipts (NWR)\3\ of 
EISs.
---------------------------------------------------------------------------

    \3\ This notice is published by the EPA and officially begins 
the public review period. The NWR is published each Friday, and 
lists the EISs that were filed the previous week.
---------------------------------------------------------------------------


Sec. 651.26  Record of decision.

    The Record of Decision (ROD) is a concise public document 
summarizing the findings in the EIS and the basis for the decision. A 
public ROD is required under the provisions of 40 CFR 1505.2 after 
completion of an EIS (see Sec. 651.45 (j) for application). The ROD 
must identify mitigations which were important in supporting decisions, 
such as those mitigations which reduce otherwise significant impacts, 
and ensure that appropriate monitoring procedures are implemented (see 
Sec. 651.15 for application).


Sec. 651.27  Programmatic NEPA analyses.

    These analyses, in the form of an EA or EIS, are useful to examine 
impacts of actions that are similar in nature or broad in scope. These 
documents allow the ``tiering'' of future NEPA documentation in cases 
where future decisions or unknown future conditions preclude complete 
NEPA analyses in one step. These documents are discussed further in 
Sec. 651.14(c).

Subpart D--Categorical Exclusions


Sec. 651.28  Introduction.

    Categorical Exclusions (CXs) are categories of actions with no 
individual or cumulative effect on the human or natural environment, 
and for which neither an EA nor an EIS is required. The use of a CX is 
intended to reduce paperwork and eliminate delays in the initiation and 
completion of proposed actions that have no significant impact.


Sec. 651.29  Determining when to use a CX (screening criteria).

    (a) To use a CX, the proponent must satisfy the following three 
screening conditions:
    (1) The action has not been segmented. Determine that the action 
has not been segmented to meet the definition of a CX. Segmentation can 
occur when an action is broken down into small parts in order to avoid 
the appearance of significance of the total action. An action can be 
too narrowly defined, minimizing potential impacts in an effort to 
avoid a higher level of NEPA documentation. The scope of an action must 
include the consideration of connected, cumulative, and similar actions 
(see Sec. 651.51(a)).
    (2) No exceptional circumstances exist. Determine if the action 
involves extraordinary circumstances that would preclude the use of a 
CX (see paragraphs (b) (1) through (14) of this section).
    (3) One (or more) CX encompasses the proposed action. Identify a CX 
(or multiple CXs) that potentially encompasses the proposed action 
(Appendix B of this part). If no CX is appropriate, and the project is 
not exempted by statute or emergency provisions, an EA or an EIS must 
be prepared, before a proposed action may proceed.
    (b) Extraordinary circumstances that preclude the use of a CX are:
    (1) Reasonable likelihood of significant effects on public health, 
safety, or the environment.
    (2) Reasonable likelihood of significant environmental effects 
(direct, indirect, and cumulative).
    (3) Imposition of uncertain or unique environmental risks.
    (4) Greater scope or size than is normal for this category of 
action.
    (5) Reportable releases of hazardous or toxic substances as 
specified in 40 CFR part 302, Designation, Reportable Quantities, and 
Notification.
    (6) Releases of petroleum, oils, and lubricants (POL) except from a 
properly functioning engine or vehicle, application of pesticides and 
herbicides, or where the proposed action results in the requirement to 
develop or amend a Spill Prevention, Control, or Countermeasures Plan.
    (7) When a review of an action that might otherwise qualify for a 
Record of Non-applicability (RONA) reveals that air emissions exceed de 
minimis levels or otherwise that a formal Clean Air Act conformity 
determination is required.
    (8) Reasonable likelihood of violating any federal, state, or local 
law or requirements imposed for the protection of the environment.
    (9) Unresolved effect on environmentally sensitive resources, as 
defined in paragraph (c) of this section.
    (10) Involving effects on the quality of the environment that are 
likely to be highly controversial.
    (11) Involving effects on the environment that are highly 
uncertain, involve unique or unknown risks, or are scientifically 
controversial.
    (12) Establishes a precedent (or makes decisions in principle) for 
future or subsequent actions that are reasonably likely to have a 
future significant effect.
    (13) Potential for degradation of already existing poor 
environmental conditions. Also, initiation of a degrading influence, 
activity, or effect in areas not already significantly modified from 
their natural condition.
    (14) Introduction/employment of unproven technology.
    (c) If a proposed action would adversely affect ``environmentally 
sensitive'' resources, unless the impact has been resolved through 
another environmental process (e.g., CZMA, NHPA, CWA, etc.) a CX cannot 
be used (see paragraph (e) of this section). Environmentally sensitive 
resources include:
    (1) Proposed federally listed, threatened, or endangered species or 
their designated critical habitats.
    (2) Properties listed or eligible for listing on the National 
Register of Historic Places (AR 200-4).
    (3) Areas having special designation or recognition such as prime 
or unique agricultural lands; coastal zones; designated wilderness or 
wilderness study areas; wild and scenic rivers; National Historic 
Landmarks (designated by the Secretary of the Interior); 100-year 
floodplains; wetlands; sole source aquifers (potential sources of 
drinking water); National Wildlife Refuges; National Parks; areas of 
critical environmental concern; or other areas of high environmental 
sensitivity.
    (4) Cultural Resources as defined in AR 200-4.
    (d) The use of a CX does not relieve the proponent from compliance 
with other statutes, such as RCRA, or consultations under the 
Endangered Species Act or the NHPA. Such consultations may be required 
to determine the applicability of the CX screening criteria.
    (e) For those CXs that require a REC, a brief (one to two sentence) 
presentation of conclusions reached during screening is required in the 
REC.

[[Page 15310]]

This determination can be made using current information and expertise, 
if available and adequate, or can be derived through conversation, as 
long as the basis for the determination is included in the REC. Copies 
of appropriate interagency correspondence can be attached to the REC. 
Example conclusions regarding screening criteria are as follows:
    (1) ``USFWS concurred in informal coordination that E/T species 
will not be affected''.
    (2) ``Corps of Engineers determined action is covered by nationwide 
general permit''.
    (3) ``SHPO concurred with action''.
    (4) ``State Department of Natural Resources concurred that no 
effect to state sensitive species is expected''.


Sec. 651.30  CX actions.

    Types of actions that normally qualify for CX are listed in 
Appendix B of this part.


Sec. 651.31  Modification of the CX list.

    The Army list of CXs is subject to continual review and 
modification, in consultation with CEQ. Additional modifications can be 
implemented through submission, through channels, to ASA (I&E) for 
consideration and consultation. Subordinate Army headquarters may not 
modify the CX list through supplements to this part. Upon approval, 
proposed modifications to the list of CXs will be published in the 
Federal Register, providing an opportunity for public review and 
comment.

Subpart E--Environmental Assessment


Sec. 651.32  Introduction.

    (a) An EA is intended to facilitate agency planning and informed 
decision-making, helping proponents and other decision makers 
understand the potential extent of environmental impacts of a proposed 
action and its alternatives, and whether those impacts (or cumulative 
impacts) are significant. The EA can aid in Army compliance with NEPA 
when no EIS is necessary. An EA will be prepared if a proposed action:
    (1) Is not an emergency (Sec. 651.11(b)).
    (2) Is not exempt from (or an exception to) NEPA (Sec. 651.11(a)).
    (3) Does not qualify as a CX (Sec. 651.11(c)).
    (4) Is not adequately covered by existing NEPA analysis and 
documentation (Sec. 651.19).
    (5) Does not normally require an EIS (Sec. 651.42).
    (b) An EA can be 1 to 25 pages in length and be adequate to meet 
the requirements of this part, depending upon site-specific 
circumstances and conditions. Any analysis that exceeds 25 pages in 
length should be evaluated to consider whether the action and its 
effects are significant and thus warrant an EIS.


Sec. 651.33  Actions normally requiring an EA.

    The following Army actions normally require an EA, unless they 
qualify for the use of a CX:
    (a) Special field training exercises or test activities in excess 
of five acres on Army land of a nature or magnitude not within the 
annual installation training cycle or installation master plan.
    (b) Military construction that exceeds five contiguous acres, 
including contracts for off-post construction.
    (c) Changes to established installation land use that generate 
impacts on the environment.
    (d) Alteration projects affecting historically significant 
structures, archaeological sites, or places listed or eligible for 
listing on the National Register of Historic Places.
    (e) Actions that could cause significant increase in soil erosion, 
or affect prime or unique farmland (off Army property), wetlands, 
floodplains, coastal zones, wilderness areas, aquifers or other water 
supplies, prime or unique wildlife habitat, or wild and scenic rivers.
    (f) Actions proposed during the life cycle of a weapon system if 
the action produces a new hazardous or toxic material or results in a 
new hazardous or toxic waste, and the action is not adequately 
addressed by existing NEPA documentation. Examples of actions normally 
requiring an EA during the life cycle include, but are not limited to, 
testing, production, fielding, and training involving natural 
resources, and disposal/demilitarization. System design, development, 
and production actions may require an EA, if such decisions establish 
precedent (or make decisions, in principle) for future actions with 
potential environmental effects. Such actions should be carefully 
considered in cooperation with the development or production contractor 
or government agency, and NEPA analysis may be required.
    (g) Development and approval of installation master plans.
    (h) Development and implementation of Integrated Natural Resources 
Management Plans (INRMPs) (land, forest, fish, and wildlife) and 
Integrated Cultural Resources Management Plans (ICRMPs).
    (i) Actions that take place in, or adversely affect, important 
wildlife habitats, including wildlife refuges.
    (j) Field activities on land not controlled by the military, except 
those that do not alter land use to substantially change the 
environment (for example, patrolling activities in a forest). This 
includes firing of weapons, missiles, or lasers over navigable waters 
of the United States, or extending 45 meters or more above ground level 
into the national airspace. It also includes joint air attack training 
that may require participating aircraft to exceed 250 knots at 
altitudes below 3000 feet above ground level, and helicopters, at any 
speed, below 500 feet above ground level.
    (k) An action with substantial adverse local or regional effects on 
energy or water availability. Such impacts can only be adequately 
identified with input from local agencies and/or citizens.
    (l) Production of hazardous or toxic materials.
    (m) Changes to established airspace use that generate impacts on 
the environment or socioeconomic systems, or create a hazard to non-
participants.
    (n) An installation pesticide, fungicide, herbicide, insecticide, 
and rodenticide-use program/plan.
    (o) Acquisition, construction, or alteration of (or space for) a 
laboratory that will use hazardous chemicals, drugs, or biological or 
radioactive materials.
    (p) An activity that affects a federally listed threatened or 
endangered plant or animal species, a federal candidate species, a 
species proposed for federal listing, or critical habitat.
    (q) Substantial proposed changes in Army-wide doctrine or policy 
that potentially have an adverse effect on the environment (40 CFR 
1508.18 (b)(1)).
    (r) An action that may threaten a violation of federal, state, or 
local law or requirements imposed for the protection of the 
environment.
    (s) The construction and operation of major new fixed facilities or 
the substantial commitment of installation natural resources supporting 
new materiel at the installation.


Sec. 651.34  EA components.

    EAs should be 1 to 25 pages in length, and will include:
    (a) Signature (Review and Approval) page.
    (b) Purpose and need for the action.
    (c) Description of the proposed action.
    (d) Alternatives considered. The alternatives considered, including 
appropriate consideration of the ``No Action'' alternative, the 
``Proposed Action,'' and all other appropriate and reasonable 
alternatives that can be realistically accomplished. In the discussion 
of alternatives, any criteria

[[Page 15311]]

for screening alternatives from full consideration should be presented, 
and the final disposition of any alternatives that were initially 
identified should be discussed.
    (e) Affected environment. This section must address the general 
conditions and nature of the affected environment and establish the 
environmental setting against which environmental effects are 
evaluated. This should include any relevant general baseline conditions 
focusing on specific aspects of the environment that may be impacted by 
the alternatives. EBSs and similar real estate or construction 
environmental baseline documents, or their equivalent, may be 
incorporated and/or referenced.
    (f) Environmental consequences. Environmental consequences of the 
proposed action and the alternatives. The document must state and 
assess the effects (direct, indirect, and cumulative) of the proposed 
action and its alternatives on the environment, and what practical 
mitigation is available to minimize these impacts. Discussion and 
comparison of impacts should provide sufficient analysis to reach a 
conclusion regarding the significance of the impacts, and is not merely 
a quantification of facts.
    (g) Conclusions regarding the impacts of the proposed action. A 
clear statement will be provided regarding whether or not the described 
impacts are significant. If the EA identifies potential significant 
impacts associated with the proposed action, the conclusion should 
clearly state that an EIS will be prepared before the proposed action 
is implemented. If no significant impacts are associated with the 
project, the conclusion should state that a FNSI will be prepared. Any 
mitigations that reduce adverse impacts must be clearly presented. If 
the EA depends upon mitigations to support a resultant FNSI, these 
mitigations must be clearly identified as a subsection of the 
Conclusions.
    (h) Listing of preparers, and agencies and persons consulted. 
Copies of correspondence to and from agencies and persons contacted 
during the preparation of the EA will be available in the 
administrative record and may be included in the EA as appendices. In 
addition, the list of analysts/preparers will be presented.
    (i) References. These provide bibliographic information for cited 
sources. Draft documents should not be cited as references without the 
expressed permission of the proponent of the draft material.


Sec. 651.35  Decision process.

    (a) An EA results in either a FNSI or an NOI to prepare an EIS. 
Initiation of an NOI to prepare an EIS should occur at any time in the 
decision process when it is determined that significant effects may 
occur as a result of the proposed action. The proponent should notify 
the decision maker of any such determination as soon as possible.
    (b) The FNSI is a document (40 CFR 1508.13) that briefly states why 
an action (not otherwise excluded) will not significantly affect the 
environment, and, therefore, an EIS will not be prepared. It summarizes 
the EA, noting any NEPA documents that are related to, but are not part 
of, the scope of the EA under consideration. If the EA is attached, the 
FNSI may incorporate the EA's discussion by reference. The draft FNSI 
will be made available to the public for review and comment for 30 days 
prior to the initiation of an action (see Sec. 651.14(b)(2)(iii) for an 
exception). Following the comment period, the decision maker signs the 
FNSI, and the action can proceed. It is important that the final FNSI 
reflect the decision made, the response to public comments, and the 
basis for the final decision.
    (c) The FNSI must contain the following:
    (1) The name of the action.
    (2) A brief description of the action (including any alternatives 
considered).
    (3) A short discussion of the anticipated environmental effects.
    (4) The facts and conclusions that have led to the FNSI.
    (5) A deadline and POC for further information or receipt of public 
comments (see Sec. 651.47).
    (d) The FNSI is normally no more than two typewritten pages in 
length.
    (e) The draft FNSI will be made available to the public prior to 
initiation of the proposed action, unless it is a classified action 
(see Sec. 651.13 for security exclusions). Draft FNSIs that have 
national interest should be submitted with the proposed press release, 
along with a Questions and Answers (Q&A) package, through command 
channels to ASA(I&E) for approval and subsequent publication in the FR. 
Draft FNSIs having national interest will be coordinated with OCPA. 
Local publication of the FNSI will not precede the FR publication. The 
text of the publication should be identical to the FR publication.
    (f) For actions of only regional or local interest, the draft FNSI 
will be publicized in accordance with Sec. 651.14(b)(2). Distribution 
of the draft FNSI should include any agencies, organizations, and 
individuals that have expressed interest in the project, those who may 
be affected, and others deemed appropriate.
    (g) Some FNSIs will require the implementation of mitigation 
measures to reduce potential impacts below significance levels, thereby 
eliminating the requirement for an EIS. In such instances, the 
following steps must be taken:
    (1) The EA must be made readily available to the public for review 
through traditional publication and distribution, and through the World 
Wide Web (WWW) or similar technology. This distribution must be planned 
to ensure that all appropriate entities and stakeholders have easy 
access to the material. Ensuring this availability may necessitate the 
distribution of printed information at locations that are readily 
accessible and frequented by those who are affected or interested.
    (2) Any identified mitigations must be tracked to ensure 
implementation, similar to those specified in an EIS and ROD.
    (3) The EA analysis procedures must be sufficiently rigorous to 
identify and analyze impacts that are individually or cumulatively 
significant.
    (h) The proponent is responsible for funding the preparation, 
staffing, and distribution of the draft FNSI and EA package, and the 
incorporation of public/agency review and comment. The proponent shall 
also ensure appropriate public and agency meetings, which may be 
required to facilitate the NEPA process in completing the EA. The 
decision maker will approve and sign the EA and FNSI documents. 
Proponents will ensure that the EA and FNSI, to include drafts, are 
provided in electronic format to allow for maximum information flow 
throughout the process.
    (i) The proponent should ensure that the decision maker is 
continuously informed of key findings during the EA process, 
particularly with respect to potential impacts and controversy related 
to the proposed action.


Sec. 651.36  Public involvement.

    (a) The involvement of other agencies, organizations, and 
individuals in the development of EAs and EISs enhances collaborative 
issue identification and problem solving. Such involvement demonstrates 
that the Army is committed to open decision-making and builds the 
necessary community trust that sustains the Army in the long term. 
Public involvement is mandatory for EISs (see Sec. 651.47 and Appendix 
D of this part for information on public involvement requirements).

[[Page 15312]]

    (b) Environmental agencies and the public will be involved to the 
extent practicable in the preparation of an EA. If the proponent elects 
to involve the public in the development of an EA, Sec. 651.47 and 
Appendix D of this part may be used as guidance. When considering the 
extent practicable of public interaction (40 CFR 1501.4(b)), factors to 
be weighed include:
    (1) Magnitude of the proposed project/action.
    (2) Extent of anticipated public interest, based on experience with 
similar proposals.
    (3) Urgency of the proposal.
    (4) National security classification.
    (5) The presence of minority or economically-disadvantaged 
populations.
    (c) Public involvement must begin early in the proposal development 
stage, and during preparation of an EA. The direct involvement of 
agencies with jurisdiction or special expertise is an integral part of 
impact analysis, and provides information and conclusions for 
incorporation into EAs. Unclassified documents incorporated by 
reference into the EA or FNSI are public documents.
    (d) Copies of public notices, ``scoping'' letters, EAs, draft 
FNSIs, FNSIs, and other documents routinely sent to the public will be 
sent directly to appropriate congressional, state, and district 
offices.
    (e) To ensure early incorporation of the public into the process, a 
plan to include all interested or affected parties should be developed 
at the beginning of the analysis and documentation process. Open 
communication with the public is encouraged as a matter of Army policy, 
and the degree of public involvement varies. Appropriate public notice 
of the availability of the completed EA/draft FNSI shall be made (see 
Sec. 651.35) (see also AR 360-5 (Public Information)). The plan will 
include the following:
    (1) Dissemination of information to local and installation 
communities.
    (2) Invitation and incorporation of public comments on Army 
actions.
    (3) Consultation with appropriate persons and agencies.
    (f) Further guidance on public participation requirements (to 
potentially be used for EAs and EISs, depending on circumstances) is 
presented in Appendix D of this part.


Sec. 651.37  Public availability.

    Documents incorporated into the EA or FNSI by reference will be 
available for public review. Where possible, use of public libraries 
and a list of POCs for supportive documents is encouraged. A depository 
should be chosen which is open beyond normal business hours. To the 
extent possible, the WWW should also be used to increase public 
availability of documents.


Sec. 651.38  Existing environmental assessments.

    EAs are dynamic documents. To ensure that the described setting, 
actions, and effects remain substantially accurate, the proponent or 
installation Environmental Officer is encouraged to periodically review 
existing documentation that is still relevant or supporting current 
action. If an action is not yet completed, substantial changes in the 
proposed action may require supplementation, as specified in Sec. 651.5 
(g).


Sec. 651.39  Significance.

    (a) If the proposed action may or will result in significant 
impacts to the environment, an EIS is prepared to provide more 
comprehensive analyses and conclusions about the impacts. Significant 
impacts of socioeconomic consequence alone do not merit an EIS.
    (b) Significance of impacts is determined by examining both the 
context and intensity of the proposed action (40 CFR 1508.27). The 
analysis should establish, by resource category, the threshold at which 
significance is reached. For example, an action that would violate 
existing pollution standards; cause water, air, noise, soil, or 
underground pollution; impair visibility for substantial periods; or 
cause irreparable harm to animal or plant life could be determined 
significant. Significant beneficial effects also occur and must be 
addressed, if applicable.
    (c) The proponent should use appropriate methods to identify and 
ascertain the ``significance'' of impacts. The use of simple analytical 
tools, which are subject to independent peer review, fully documented, 
and available to the public, is encouraged.\4\ In particular, where 
impacts are unknown or are suspected to be of public interest, public 
involvement should be initiated early in the EA (scoping) process.
---------------------------------------------------------------------------

    \4\ EIFS is one such Army system for evaluating regional 
economic impacts under NEPA. This system is mandated, as Army 
policy, for use in NEPA analyses. Other similar tools may be 
mandated for use in the Army, and will be documented in guidance 
published pursuant to this part.
---------------------------------------------------------------------------

Subpart F--Environmental Impact Statement


Sec. 651.40  Introduction.

    (a) An EIS is a public document designed to ensure that NEPA 
policies and goals are incorporated early into the programs and actions 
of federal agencies. An EIS is intended to provide a full, open, and 
balanced discussion of significant environmental impacts that may 
result from a proposed action and alternatives, allowing public review 
and comment on the proposal and providing a basis for informed 
decision-making.
    (b) The NEPA process should support sound, informed, and timely 
(early) decision-making; not produce encyclopedic documents. CEQ 
guidance (40 CFR 1502.7) should be followed, establishing a page limit 
of 150 pages (300 pages for complex projects). To the extent 
practicable, EISs will ``incorporate by reference'' any material that 
is reasonably available for inspection by potentially interested 
persons within the time allowed for comment. The incorporated material 
shall be cited in the EIS and its content will be briefly described. 
Material based on proprietary data, that is itself not available for 
review and comment, shall not be incorporated by reference.


Sec. 651.41  Conditions requiring an EIS.

    An EIS is required when a proponent, preparer, or approving 
authority determines that the proposed action has the potential to:
    (a) Significantly affect environmental quality, or public health or 
safety.
    (b) Significantly affect historic (listed or eligible for listing 
in the National Register of Historic Places, maintained by the National 
Park Service, Department of Interior), or cultural, archaeological, or 
scientific resources, public parks and recreation areas, wildlife 
refuge or wilderness areas, wild and scenic rivers, or aquifers.
    (c) Significantly impact prime and unique farmlands located off-
post, wetlands, floodplains, coastal zones, or ecologically important 
areas, or other areas of unique or critical environmental sensitivity.
    (d) Result in significant or uncertain environmental effects, or 
unique or unknown environmental risks.
    (e) Significantly affect a federally listed threatened or 
endangered plant or animal species, a federal candidate species, a 
species proposed for federal listing, or critical habitat.
    (f) Either establish a precedent for future action or represent a 
decision in principle about a future consideration with significant 
environmental effects.
    (g) Adversely interact with other actions with individually 
insignificant effects so that cumulatively significant environmental 
effects result.
    (h) Involve the production, storage, transportation, use, 
treatment, and disposal of hazardous or toxic materials

[[Page 15313]]

that may have significant environmental impact.
    (i) Be highly controversial from an environmental standpoint.
    (j) Cause loss or destruction of significant scientific, cultural, 
or historical resources.


Sec. 651.42  Actions normally requiring an EIS.

    The following actions normally require an EIS:
    (a) Significant expansion of a military facility or installation.
    (b) Construction of facilities that have a significant effect on 
wetlands, coastal zones, or other areas of critical environmental 
concern.
    (c) The disposal of nuclear materials, munitions, explosives, 
industrial and military chemicals, and other hazardous or toxic 
substances that have the potential to cause significant environmental 
impact.
    (d) Land acquisition, leasing, or other actions that may lead to 
significant changes in land use.
    (e) Realignment or stationing of a brigade or larger table of 
organization equipment (TOE) unit during peacetime (except where the 
only significant impacts are socioeconomic, with no significant 
biophysical environmental impact).
    (f) Training exercises conducted outside the boundaries of an 
existing military reservation where significant environmental damage 
might occur.
    (g) Major changes in the mission or facilities either affecting 
environmentally sensitive resources (see Sec. 651.29(c)) or causing 
significant environmental impact (see Sec. 651.39).


Sec. 651.43  Format of the EIS.

    The EIS should not exceed 150 pages in length (300 pages for very 
complex proposals), and must contain the following (detailed content is 
discussed in Appendix E of this part):
    (a) Cover sheet.
    (b) Summary.
    (c) Table of contents.
    (d) Purpose of and need for the action.
    (e) Alternatives considered, including proposed action and no-
action alternative.
    (f) Affected environment (baseline conditions) that may be 
impacted.
    (g) Environmental and socioeconomic consequences.
    (h) List of preparers.
    (i) Distribution list.
    (j) Index.
    (k) Appendices (as appropriate).


Sec. 651.44  Incomplete information.

    When the proposed action will have significant adverse effects on 
the human environment, and there is incomplete or unavailable 
information, the proponent will ensure that the EIS addresses the issue 
as follows:
    (a) If the incomplete information relevant to reasonably 
foreseeable significant adverse impacts is essential to a reasoned 
choice among alternatives and the overall costs of obtaining it are not 
exorbitant, the Army will include the information in the EIS.
    (b) If the information relevant to reasonably foreseeable 
significant adverse impacts cannot be obtained because the overall 
costs of obtaining it are exorbitant or the means to obtain it are not 
known (for example, the means for obtaining it are beyond the state of 
the art), the proponent will include in the EIS:
    (1) A statement that such information is incomplete or unavailable.
    (2) A statement of the relevance of the incomplete or unavailable 
information to evaluating the reasonably foreseeable significant 
adverse impacts on the human environment.
    (3) A summary of existing credible scientific evidence that is 
relevant to evaluating the reasonably foreseeable significant adverse 
impacts on the human environment.
    (4) An evaluation of such impacts based upon theoretical approaches 
or research methods generally accepted in the scientific community.


Sec. 651.45  Steps in preparing and processing an EIS.

    (a) NOI. The NOI initiates the formal scoping process and is 
prepared by the proponent.
    (1) Prior to preparing an EIS, an NOI will be published in the FR 
and in newspapers with appropriate or general circulation in the areas 
potentially affected by the proposed action. The OCLL will be notified 
by the ARSTAF proponent of pending EISs so that congressional 
coordination may be effected. After the NOI is published in the FR, 
copies of the notice may also be distributed to agencies, 
organizations, and individuals, as the responsible official deems 
appropriate.
    (2) The NOI transmittal package includes the NOI, the press 
release, information for Members of Congress, memorandum for 
correspondents, and a ``questions and answers'' (Q&A) package. The NOI 
shall clearly state the proposed action and alternatives, and state why 
the action may have unknown and/or significant environmental impacts.
    (3) The proponent forwards the NOI and the transmittal package to 
the appropriate HQDA (ARSTAF) proponent for coordination and staffing 
prior to publication. The ARSTAF proponent will coordinate the NOI with 
HQDA (ODEP), OCLL, TJAG, OGC, OCPA, relevant MACOMs, and others). Only 
the Deputy Assistant Secretary of the Army for Environment, Safety, and 
Occupational Health (DASA(ESOH)) can authorize release of an NOI to the 
FR for publication, unless that authority has been delegated. A cover 
letter (similar to Figure 5 in Sec. 651.46) will accompany the NOI. An 
example NOI is shown in Figure 6 in Sec. 651.46.
    (b) Lead and cooperating agency determination. As soon as possible 
after the decision is made to prepare an EIS, the proponent will 
contact appropriate federal, tribal, state, and local agencies to 
identify lead or cooperating agency responsibilities concerning EIS 
preparation. At this point, a public affairs plan must be developed. In 
the case of State ARNG actions that have federal funding, the NGB will 
be the lead agency for the purpose of federal compliance with NEPA. The 
State may be either a joint lead or a cooperating agency, as determined 
by NGB.
    (c) Scoping. The proponent will begin the scoping process described 
in Sec. 651.48. Portions of the scoping process may take place prior to 
publication of the NOI.
    (d) DEIS preparation and processing. Prior to publication of a 
DEIS, the proponent can prepare a PDEIS, allowing for internal 
organization and the resolution of internal Army consideration, prior 
to a formal request for comments.
    (1) PDEIS. Based on information obtained and decisions made during 
the scoping process, the proponent may prepare the PDEIS. To expedite 
headquarters review, a summary document is also required to present the 
purpose and need for the action, DOPAA, major issues, unresolved 
issues, major potential controversies, and required mitigations or 
monitoring. This summary will be forwarded, through the chain of 
command, to ODEP, the DASA(ESOH), and other interested offices for 
review and comment. If requested by these offices, a draft PDEIS can be 
provided following review of the summary. The PDEIS is not normally 
made available to the public and should be stamped ``For Internal Use 
Only-Deliberative Process.''
    (2) DEIS. The Army proponent will advise the DEIS preparer of the 
number of copies to be forwarded for final HQDA review and those for 
filing with the EPA. Distribution may include interested congressional 
delegations and committees, governors, national environmental 
organizations, the DOD and federal agency headquarters, and

[[Page 15314]]

other selected entities. The Army proponent will finalize the FR NOA, 
the proposed news release, and the EPA filing letter for signature of 
the DASA(ESOH). A revised process summary of the contents (purpose and 
need for the action, DOPAA, major issues, unresolved issues, major 
potential controversies, and required mitigations or monitoring) will 
accompany the DEIS to HQDA for review and comment. If the action has 
been delegated by the ASA(I&E), only the process summary is required, 
unless the DEIS is requested by HQDA.
    (i) When the DEIS has been formally approved, the preparer can 
distribute the DEIS to the remainder of the distribution list. The DEIS 
must be distributed prior to, or simultaneously with, filing with EPA. 
The list includes federal, state, regional, and local agencies, private 
citizens, and local organizations. The EPA will publish the NOA in the 
FR. The 45-day comment period begins on the date of the EPA notice in 
the FR.
    (ii) Following approval, the proponent will forward five copies of 
the DEIS to EPA for filing and notice in the FR; publication of EPA's 
NWR commences the public comment period. The proponent will distribute 
the DEIS prior to, or simultaneously with, filing with EPA. 
Distribution will include appropriate federal, state, regional, and 
local agencies; Native American tribes; and organizations and private 
citizens who have expressed interest in the proposed action.
    (iii) For proposed actions that are environmentally controversial, 
or of national interest, the OCLL shall be notified of the pending 
action so that appropriate congressional coordination may be effected. 
The OCPA will coordinate public announcements through its chain of 
command. Proponents will ensure that the DEIS and subsequent NEPA 
documents are provided in electronic format to allow for maximum 
information flow throughout the process.
    (e) Public review of DEIS. The DEIS public comment period will be 
no less than 45 days. If the statement is unusually long, a summary of 
the DEIS may be circulated, with an attached list of locations where 
the entire DEIS may be reviewed (for example, local public libraries). 
Distribution of the complete DEIS should be accompanied by the 
announcement of availability in established newspapers of major 
circulation, and must include the following:
    (1) Any federal agency that has jurisdiction by law or special 
expertise with respect to any environmental impact involved and any 
appropriate federal, state, or local agency authorized to develop and 
enforce environmental standards.
    (2) The applicant, if the proposed action involves any application 
of proposal for the use of Army resources.
    (3) Any person, organization, or agency requesting the entire DEIS.
    (4) Any Indian tribes, Native Alaskan organizations, or Native 
Hawaiian organizations potentially impacted by the proposed action.
    (5) Chairs/co-chairs of any existing citizen advisory groups (for 
example, Restoration Advisory Boards).
    (f) Public meetings or hearings. Public meetings or hearings on the 
DEIS will be held in accordance with the criteria established in 40 CFR 
1506.6(c) and (d) or for any other reason the proponent deems 
appropriate. News releases should be prepared and issued to publicize 
the meetings or hearings at least 15 days prior to the meeting.
    (g) Response to comments. Comments will be incorporated in the DEIS 
by modification of the text and/or written explanation. Where possible, 
similar comments will be grouped for a common response. The preparer or 
a higher authority may make individual response, if considered 
desirable.
    (h) The FEIS. If the changes to the DEIS are exclusively 
clarifications or minor factual corrections, a document consisting of 
only the DEIS comments, responses to the comments, and errata sheets 
may be prepared and circulated. If such an abbreviated FEIS is 
anticipated, the DEIS should contain a statement advising reviewers to 
keep the document so they will have a complete set of ``final'' 
documents. The final EIS to be filed with EPA will consist of a 
complete document containing a new cover sheet, the errata sheets, 
comments and responses, and the text of the draft EIS. Coordination, 
approval, filing, and public notice of an abbreviated FEIS are the same 
as for a draft DEIS. If extensive modifications are warranted, the 
proponent will prepare a new, complete FEIS. Preparation, coordination, 
approval, filing, and public notice of the FEIS are the same as the 
process outlined for the DEIS. The FEIS distribution must include any 
person, organization, or agency that submitted substantive comments on 
the DEIS. One copy (electronic) of the FEIS will be forwarded to ODEP. 
The FEIS will clearly identify the Army's preferred alternative unless 
prohibited by law.
    (i) Decision. No decision will be made on a proposed action until 
30 days after EPA has published the NWR of the FEIS in the FR, or 90 
days after the NWR of the DEIS, whichever is later. EPA publishes NWRs 
weekly. Those NWRs ready for EPA by close of business Friday are 
published in the next Friday's issue of the FR.
    (j) ROD. The ROD documents the decision made and the basis for that 
decision.
    (1) The proponent will prepare a ROD for the decision maker's 
signature, which will:
    (i) Clearly state the decision by describing it in sufficient 
detail to address the significant issues and ensure necessary long-term 
monitoring and execution.
    (ii) Identify all alternatives considered by the Army in reaching 
its decision, specifying the environmentally preferred alternative(s). 
The Army will discuss preferences among alternatives based on relevant 
factors including environmental, economic, and technical considerations 
and agency statutory missions.
    (iii) Identify and discuss all such factors, including any 
essential considerations of national policy that were balanced by the 
Army in making its decision. Because economic and technical analyses 
are balanced with environmental analysis, the agency preferred 
alternative will not necessarily be the environmentally preferred 
alternative.
    (iv) Discuss how those considerations entered into the final 
decision.
    (v) State whether all practicable means to avoid or minimize 
environmental harm from the selected alternative have been adopted, and 
if not, why they were not.
    (vi) Identify or incorporate by reference the mitigation measures 
that were incorporated into the decision.
    (2) Implementation of the decision may begin immediately after 
approval of the ROD.
    (3) The proponent will prepare an NOA to be published in the FR by 
the HQDA proponent, following congressional notification. Processing 
and approval of the NOA is the same as for an NOI.
    (4) RODs will be distributed to agencies with authority or 
oversight over aspects of the proposal, cooperating agencies, 
appropriate congressional, state, and district offices, all parties 
that are directly affected, and others upon request.
    (5) One electronic copy of the ROD will be forwarded to ODEP.
    (6) A monitoring and enforcement program will be adopted and 
summarized for any mitigation (see Appendix C of this part).
    (k) Pre-decision referrals. 40 CFR part 1504 specifies procedures 
to resolve federal agency disagreements on the

[[Page 15315]]

environmental effects of a proposed action. Pre-decision referrals 
apply to interagency disagreement on a proposed action's potential 
unsatisfactory effects.
    (l) Changes during preparation. If there are substantial changes in 
the proposed action, or significant new information relevant to 
environmental concerns during the proposed action's planning process, 
the proponent will prepare revisions or a supplement to any 
environmental document or prepare new documentation as necessary.
    (m) Mitigation. All measures planned to minimize or mitigate 
expected significant environmental impacts will be identified in the 
EIS and the ROD. Implementation of the mitigation plan is the 
responsibility of the proponent (see Appendix C of this part). The 
proponent will make available to the public, upon request, the status 
and results of mitigation measures associated with the proposed action. 
For weapon system acquisition programs, the proponent will coordinate 
with the appropriate responsible parties before identifying potential 
mitigations in the EIS/ROD.
    (n) Implementing the decision. The proponent will provide for 
monitoring to assure that decisions are carried out, particularly in 
controversial cases or environmentally sensitive areas (Appendix C of 
this part). Mitigation and other conditions that have been identified 
in the EIS, or during its review and comment period, and made part of 
the decision (and ROD), will be implemented by the lead agency or other 
appropriate consenting agency. The proponent will:
    (1) Include appropriate conditions in grants, permits, or other 
approvals.
    (2) Ensure that the proponent's project budget includes provisions 
for mitigations.
    (3) Upon request, inform cooperating or commenting agencies on the 
progress in carrying out adopted mitigation measures that they have 
proposed and that were adopted by the agency making the decision.
    (4) Upon request, make the results of relevant monitoring available 
to the public and Congress.
    (5) Make results of relevant monitoring available to citizens 
advisory groups, and others that expressed such interest during the EIS 
process.


Sec. 651.46  Existing EISs.

    A newly proposed action must be the subject of a separate EIS. The 
proponent may extract and revise the existing environmental documents 
in such a way as to bring them completely up to date, in light of the 
new proposals. Such a revised EIS will be prepared and processed 
entirely under the provisions of this part. If an EIS of another agency 
is adopted, it must be processed in accordance with 40 CFR 1506.3. 
Figures 4 through 8 to Subpart F of part 651 follow:
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Subpart G--Public Involvement and the Scoping Process


Sec. 651.47  Public involvement.

    (a) As a matter of Army policy, public involvement is required for 
all EISs, and is strongly encouraged for all Army actions, including 
EAs. The requirement (40 CFR 1506.6) for public involvement recognizes 
that all potentially interested or affected parties will be involved, 
when practicable, whenever analyzing environmental considerations. This 
requirement can be met at the very beginning of the process by 
developing a plan to include all affected parties and implementing the 
plan with appropriate adjustments as it proceeds (AR 360-5). The plan 
will include the following:
    (1) Information dissemination to local and installation communities 
through such means as news releases to local media, announcements to 
local citizens groups, and Commander's letters at each phase or 
milestone (more frequently if needed) of the project. The dissemination 
of this information will be based on the needs and desires of the local 
communities.
    (2) Each phase or milestone (more frequently if needed) of the 
project will be coordinated with representatives of local, state, 
tribal, and federal government agencies.
    (3) Public comments will be invited and two-way communication 
channels will be kept open through various means as stated above. These 
two-way channels will be dynamic in nature, and should be updated 
regularly to reflect the needs of the local community.
    (4) Public affairs officers at all levels will be kept informed.
    (b) When an EIS is being prepared, public involvement is a 
requisite element of the scoping process (40 CFR 1501.7(a)(1)).
    (c) Proponents will invite public involvement in the review and 
comment of EAs and draft FNSIs (40 CFR 1506.6).
    (d) Persons and agencies to be consulted include the following:

[[Page 15321]]

    (1) Municipal, township, and county elected and appointed 
officials.
    (2) Tribal, state, county, and local government officials and 
administrative personnel whose official duties include responsibility 
for activities or components of the affected environment related to the 
proposed Army action.
    (3) Local and regional administrators of other federal agencies or 
commissions that may either control resources potentially affected by 
the proposed action (for example, the U.S. Fish and Wildlife Service); 
or who may be aware of other actions by different federal agencies 
whose effects must be considered with the proposed Army action (for 
example, the GSA).
    (4) Members of existing citizen advisory groups, such as 
Restoration Advisory Boards and Citizen Advisory Commissions.
    (5) Members of identifiable population segments within the 
potentially affected environments, whether or not they have clearly 
identifiable leaders or an established organization, such as farmers 
and ranchers, homeowners, small business owners, minority communities 
and disadvantaged communities, and tribal governments in accordance 
with White House Memorandum on Government to Government Relations with 
Native American Tribal Governments (April 29, 1994).
    (6) Members and officials of those identifiable interest groups of 
local or national scope that may have interest in the environmental 
effects of the proposed action or activity (for example, hunters and 
fishermen, Izaak Walton League, Sierra Club, and the Audubon Society).
    (7) Any person or group that has specifically requested involvement 
in the specific action or similar actions.
    (e) The public involvement processes and procedures through which 
participation may be solicited include the following:
    (1) Direct individual contact. Such interaction can identify 
persons and their opinions and initial positions, affecting the scope 
of issues that the EIS must address. Such limited contact may satisfy 
public involvement requirements when the expected significance and 
controversy of environmental effects is very limited.
    (2) Small workshops or discussion groups.
    (3) Larger public gatherings that are held after some formulation 
of the potential issues. The public is invited to express its views on 
the proposed courses of action. Public suggestions or alternative 
courses of action not already identified may be expressed at these 
gatherings that need not be formal public hearings.
    (4) Identifying and applying other processes and procedures to 
accomplish the appropriate level of public involvement.
    (f) The meetings described in paragraph (e) of this section should 
not be public hearings in the early stages of evaluating a proposed 
action. Public hearings do not substitute for the full range of public 
involvement procedures under the purposes and intent, as described in 
paragraph (e) of this section.
    (g) Public surveys or polls may be performed to identify public 
opinion of a proposed action, as appropriate (AR 335-15).


Sec. 651.48  Scoping process.

    (a) The scoping process (40 CFR 1501.7) is intended to aid in 
determining the scope of the analyses and significant issues related to 
the proposed action. The process requires appropriate public 
participation immediately following publication of the NOI in the FR. 
It is important to note that scoping is not synonymous with a public 
meeting. The Army policy is that EISs for legislative proposals 
significantly affecting the environment will go through scoping unless 
extenuating circumstances make it impractical. In some cases, the 
scoping process may be useful in the preparation of EAs and should be 
employed when it is useful.
    (b) The scoping process identifies relevant issues related to a 
proposed action through the involvement of all potentially interested 
or affected parties (affected federal, state, and local agencies; 
recognized Indian tribes; interest groups, and other interested 
persons) in the environmental analysis and documentation. This process 
should:
    (1) Eliminate issues from detailed consideration which are not 
significant, or which have been covered by prior environmental review; 
and
    (2) Make the analysis and documentation more efficient by providing 
focus to the effort. Proper scoping identifies reasonable alternatives 
and the information needed for their evaluation, thereby increasing 
public confidence in the Army decisionmaking process.
    (c) Proper scoping will reduce both costs and time required for an 
EA or EIS. This is done through the documentation of all potential 
impacts and the focus of detailed consideration on those aspects of the 
action which are potentially significant or controversial. To assist in 
this process the Army will use the Environmental Impact Computer System 
(EICS) starting in Fiscal Year (FY) 04, as appropriate. This system 
will serve to structure all three stages of the scoping process 
(Sec. 651.49, 651.50, and 651.51) and provide focus on those actions 
that are important and of interest to the public. While these 
discussions focus on EIS preparation and documents to support that 
process, the three phases also apply if scoping is used for an EA. If 
used in the preparation of an EA, scoping, and documents to support 
that process, can be modified and adopted to ensure efficient public 
iteration and input to the decision-making process.
    (d) When the planning for a project or action indicates the need 
for an EIS, the proponent initiates the scoping process to identify the 
range of actions, alternatives, and impacts for consideration in the 
EIS (40 CFR 1508.25). The extent of the scoping process (including 
public involvement) will depend upon:
    (1) The size and type of the proposed action.
    (2) Whether the proposed action is of regional or national 
interest.
    (3) Degree of any associated environmental controversy.
    (4) Importance of the affected environmental parameters.
    (5) Significance of any effects on them.
    (6) Extent of prior environmental review.
    (7) Involvement of any substantive time limits.
    (8) Requirements by other laws for environmental review.
    (e) The proponent may incorporate scoping in the public involvement 
(or environmental review) process of other requirements, such as an EA. 
In such cases, the extent of incorporation is at the discretion of the 
proponent, working with the affected Army organization or installation. 
Such integration is encouraged.
    (f) Scoping procedures fall into preliminary, public interaction, 
and final phases. These phases are discussed in Sec. 651.49, 
Sec. 651.50, and Sec. 651.51, respectively.


Sec. 651.49  Preliminary phase.

    In the preliminary phase, the proponent agency or office 
identifies, as early as possible, how it will accomplish scoping and 
with whose involvement. Key points will be identified or briefly 
summarized by the proponent, as appropriate, in the NOI, which will:
    (a) Identify the significant issues to be analyzed in the EIS.
    (b) Identify the office or person responsible for matters related 
to the

[[Page 15322]]

scoping process. If they are not the same as the proponent of the 
action, that distinction will be made.
    (c) Identify the lead and cooperating agency, if already determined 
(40 CFR 1501.5 and 1501.6).
    (d) Identify the method by which the agency will invite 
participation of affected parties, and identify a tentative list of the 
affected parties to be notified. A key part of this preliminary 
identification is to solicit input regarding other parties who would be 
interested in the proposed project or affected by it.
    (e) Identify the proposed method for accomplishing the scoping 
procedure.
    (f) Indicate the relationship between the timing of the preparation 
of environmental analyses and the tentative planning and decisionmaking 
schedule including:
    (1) The scoping process itself.
    (2) Collection or analysis of environmental data, including 
required studies.
    (3) Preparation of draft and final EISs (DEISs and FEISs), and 
associated review periods.
    (4) Filing of the ROD.
    (5) Taking the action.
    (6) For a programmatic EIS, preparation of a general expected 
schedule for future specific implementing (tiered) actions that will 
involve separate environmental analysis.
    (g) If applicable, identify the extent to which the EIS preparation 
process is exempt from any of the normal procedural requirements of 
this part, including scoping.


Sec. 651.50  Public interaction phase.

    (a) During this portion of the process, the proponent will invite 
comments from all affected parties and respondents to the NOI to assist 
in developing issues for detailed discussion in the EIS. Assistance in 
identifying possible participants is available from the ODEP.
    (b) In addition to the affected parties identified in paragraph (a) 
of this section, participants should include the following:
    (1) Technical representatives of the proponent. Such persons must 
be able to describe the technical aspects of the proposed action and 
alternatives to other participants.
    (2) One or more representatives of any Army-contracted consulting 
firm, if one has been retained to participate in writing the EIS or 
providing reports that the Army will use to create substantial portions 
of the EIS.
    (3) Experts in various environmental disciplines, in any technical 
area where foreseen impacts are not already represented among the other 
scoping participants.
    (c) In all cases, the participants will be provided with 
information developed during the preliminary phase and with as much of 
the following information that may be available:
    (1) A brief description of the environment at the affected 
location. When descriptions for a specific location are not available, 
general descriptions of the probable environmental effects will be 
provided. This will also address the extent to which the environment 
has been modified or affected in the past.
    (2) A description of the proposed alternatives. The description 
will be sufficiently detailed to enable evaluation of the range of 
impacts that may be caused by the proposed action and alternatives. The 
amount of detail that is sufficient will depend on the stage of the 
development of the proposal, its magnitude, and its similarity to other 
actions with which participants may be familiar.
    (3) A tentative identification of ``any public environmental 
assessments and other environmental impact statements that are being or 
will be prepared that are related to but are not part of the scope of 
the impact statement under consideration'' (40 CFR 1501.7(a)(5)).
    (4) Any additional scoping issues or limitations on the EIS, if not 
already described during the preliminary phase.
    (d) The public involvement should begin with the NOI to publish an 
EIS. The NOI may indicate when and where a scoping meeting will take 
place and who to contact to receive preliminary information. The 
scoping meeting is an informal public meeting, and initiates a 
continuous scoping process, allowing the Army to scope the action and 
the impacts of alternatives. It is a working session where the 
gathering and evaluation of information relating to potential 
environmental impacts can be initiated.
    (e) Starting with this information (paragraph (d) of this section), 
the person conducting the scoping process will use input from any of 
the involved or affected parties. This will aid in developing the 
conclusions. The proponent determines the final scope of the EIS. If 
the proponent chooses not to require detailed treatment of significant 
issues or factors in the EIS, in spite of relevant technical or 
scientific objections by any participant, the proponent will clearly 
identify (in the environmental consequences section of the EIS) the 
criteria that were used to eliminate such factors.


Sec. 651.51  The final phase.

    (a) The initial scope of the DEIS is determined by the proponent 
during and after the public interaction phase of the process. Detailed 
analysis should focus on significant issues (40 CFR 1501.7(a)(2)). To 
determine the appropriate scope, the proponent must consider three 
categories of actions, alternatives, and impacts.
    (1) The three categories of actions (other than unconnected single 
actions) are as follows:
    (i) Connected actions are those that are closely related and should 
be discussed in the same impact statement. Actions are connected if 
they automatically trigger other actions that may require EISs, cannot 
or will not proceed unless other actions are previously or 
simultaneously taken, are interdependent parts of a larger action, and 
depend on the larger action for their justification.
    (ii) Cumulative actions are those that, when viewed with other past 
and proposed actions, have cumulatively significant impacts and should 
be discussed in the same impact statement.
    (iii) Similar actions are those that have similarities which 
provide a basis for evaluating their environmental consequences 
together, such as common timing or geography, and may be analyzed in 
the EIS. Agencies should do so when the best way to assess such actions 
is to treat them in a single EIS.
    (2) The three categories of alternatives are as follows:
    (i) No action.
    (ii) Other reasonable courses of action.
    (iii) Mitigation measures (not in the proposed action).
    (3) The three categories of impacts are as follows:
    (i) Direct.
    (ii) Indirect.
    (iii) Cumulative.
    (4) The proponent can also identify any public EAs and EISs, 
prepared by the Army or another federal agency, related to, but not 
part of, the EIS under consideration (40 CFR 1501.7(a)(5)). Assignments 
for the preparation of the EIS among the lead and any cooperating 
agencies can be identified, with the lead agency retaining 
responsibility for the statement (40 CFR 1501.7(a)(4)); along with the 
identification of any other environmental review and consultation 
requirements so the lead and cooperating agencies may prepare other 
required analyses and studies concurrently with the EIS (40 CFR 
1501.7(a)(6)).
    (b) The identification and elimination of issues that are 
insignificant, non-controversial, or covered by prior environmental 
review can narrow the

[[Page 15323]]

analysis to remaining issues and their significance through reference 
to their coverage elsewhere (40 CFR 1501.7(a)(3)).
    (c) As part of the scoping process, the lead agency may:
    (1) Set time limits, as provided in Sec. 651.14(b), if they were 
not already indicated in the preliminary phase.
    (2) Prescribe overall page limits for the EIS in accordance with 
the CEQ regulations that emphasize conciseness.
    (d) All determinations reached by the proponent during the scoping 
process will be clearly conveyed to the preparers of the EIS in a Scope 
of Statement. The Scope of Statement will be made available to 
participants in the scoping process and to other interested parties 
upon request. Any scientific or technical conflicts that arise between 
the proponent and scoping participants, cooperating agencies, other 
federal agencies, or preparers will be identified during the scoping 
process and resolved or discussed by the proponent in the DEIS.


Sec. 651.52  Aids to information gathering.

    The proponent may use or develop graphic or other innovative 
methods to aid information gathering, presentation, and transfer during 
the three scoping phases. These include methods for presenting 
preliminary information to scoping participants, obtaining and 
consolidating input from participants, and organizing determinations on 
scope for use during preparation of the DEIS. The use of the World Wide 
Web (WWW) for these purposes is encouraged. Suggested uses include the 
implementation of a continuous scoping process, facilitating 
``virtual'' public participation, as well as the dissemination of 
analyses and information as they evolve.


Sec. 651.53  Modifications of the scoping process.

    (a) If a lengthy period exists between a decision to prepare an EIS 
and the time of preparation, the proponent will initiate the NOI at a 
reasonable time in advance of preparation of the DEIS. The NOI will 
state any tentative conclusions regarding the scope of the EIS made 
prior to publication of the NOI. Reasonable time for public 
participation will be allowed before the proponent makes any final 
decisions or commitments on the EIS.
    (b) The proponent of a proposed action may use scoping during 
preparation of environmental review documents other than an EIS, if 
desired. In such cases, the proponent may use these procedures or may 
develop modified procedures, as needed.

Subpart H--Environmental Effects of Major Army Action Abroad


Sec. 651.54  Introduction.

    (a) Protection of the environment is an Army priority, no matter 
where the Army actions are undertaken. The Army is committed to 
pursuing an active role in addressing environmental quality issues in 
Army relations with neighboring communities and assuring that 
consideration of the environment is an integral part of all decisions. 
This section assigns responsibilities for review of environmental 
effects abroad of major Army actions, as required by Executive Order 
12114, Environmental Effects Abroad of Major Federal Actions, dated 
January 4, 1979, 3 CFR, 1979 Comp.,p.356. This section applies to HQDA 
and Army agencies' actions that would significantly affect the quality 
of the human environment outside the United States.
    (b) Executive Order 12114 and DODD 6050.7, Environmental Effects 
Abroad of Major Department of Defense Actions (planned currently to be 
replaced by a DODI, Analyzing Defense Actions With the Potential for 
Significant Impacts Outside the United States) provide guidance for 
analyzing the environmental impacts of Army actions abroad and in the 
global commons. Army components will, consistent with diplomatic 
factors (including applicable Status of Forces Agreements (SOFAs) and 
stationing agreements), national security considerations, and 
difficulties of obtaining information, document the review of potential 
environmental impacts of Army actions abroad and in the global commons 
as set forth in DODD 6050.7 (or DODI upon publication). The analysis 
and documentation of potential environmental impacts of Army actions 
abroad and in the global commons should, to the maximum extent 
possible, be incorporated into existing decision-making processes; 
planning for military exercises, training plans, and military 
operations.


Sec. 651.55  Categorical exclusions.

    The list of CXs in Appendix B of this part may be used in reviewing 
potential environmental impacts of major actions abroad and in the 
global commons, in accordance with DODD 6050.7 (or DODI upon 
publication) and Executive Order 12114, section 2-5(c).


Sec. 651.56  Responsibilities.

    (a) The ASA(I&E) will:
    (1) Serve as the Secretary of the Army's responsible official for 
environmental matters abroad.
    (2) Maintain liaison with the DUSD(IE) on matters concerning 
Executive Order 12114, DODD 6050.7, and this part.
    (3) Coordinate actions with other Secretariat offices as 
appropriate.
    (b) The DEP will:
    (1) Serve as ARSTAF proponent for implementation of Executive Order 
12114, DODD 6050.7, and this part.
    (2) Apply this part when planning and executing overseas actions, 
where appropriate in light of applicable statutes and SOFAs.
    (c) The DCSOPS will:
    (1) Serve as the focal point on the ARSTAF for integrating 
environmental considerations required by Executive Order 12114 into 
Army plans and activities. Emphasis will be placed on those actions 
reasonably expected to have widespread, long-term, and severe impacts 
on the global commons or the territories of foreign nations.
    (2) Consult with the Office of Foreign Military Rights Affairs of 
the Assistant Secretary of Defense (International Security Affairs) 
(ASD(ISA)) on significant or sensitive actions affecting relations with 
another nation.
    (d) TJAG, in coordination with the OGC, will provide advice and 
assistance concerning the requirements of Executive Order 12114 and 
DODD 6050.7.
    (e) The Chief of Public Affairs will provide advice and assistance 
on public affairs as necessary.

Appendix A to Part 651-References

    Military publications and forms are accessible from a variety of 
sources through the use of electronic media or paper products. In 
most cases, electronic publications and forms that are associated 
with military organizations can be accessed at various address or 
web sites on the Internet. Since electronic addresses can frequently 
change, or similar web links can also be modified at several 
locations on the Internet, it's advisable to access those sites 
using a search engine that is most accommodative, yet beneficial to 
the user. Additionally, in an effort to facilitate the public right 
to information, certain publications can also be purchased through 
the National Technical Information Service (NTIS). Persons 
interested in obtaining certain types of publications can write to 
the National Technical Information Service, 5285 Port Royal Road, 
Springfield, VA 22161.

Section I--Required Publications

AR 360-5
    Army Public Affairs, Public Information.

Section II--Related Publications

    A related publication is merely a source of additional 
information. The user does not have to read it to understand this 
part.

AR 5-10

    Reduction and Realignment Actions.

[[Page 15324]]

AR 11-27

    Army Energy Program.

AR 95-50

    Airspace and Special Military Operation Requirements.

AR 140-475

    Real Estate Selection and Acquisition: Procedures and Criteria.

AR 200-1

    Environmental Protection and Enhancement.

AR 200-3

    Natural Resources--Land, Forest, and Wildlife Management.

AR 200-4

    Cultural Resources Management.

AR 210-10

    Administration.

AR 210-20

    Master Planning for Army Installations.

AR 335-15

    Management Information Control System.

AR 380-5

    Department of the Army Information Security Program.

AR 385-10

    Army Safety Program.

AR 530-1

    Operations Security (OPSEC).

DA PAM 70-3

    Army Acquisition Procedures.

Defense Acquisition Deskbook

    An electronic knowledge presentation system available through 
the Deputy Under Secretary of Defense (Acquisition Reform) and the 
Office of the Under Secretary of Defense (Acquisition and 
Technology).

DOD 5000.2-R

    Mandatory Procedures for Major Defense Acquisition Programs and 
Major Automated Information Systems.

DODD 4100.15

    Commercial Activities Program.

DODD 4700.4

    Natural Resources Management Program, Integrated Natural 
Resources Management Plan (INRMP), Integrated Cultural Resources 
Management Plan (ICRMP).

DODD 6050.7

    Environmental Effects Abroad of Major Department of Defense 
Actions.

DODI 4715.9

    Environmental Planning and Analysis

Executive Order 11988

    Floodplain Management, 3 CFR, 1977 Comp., p. 117

Executive Order 11990

    Protection of Wetlands, 3 CFR, 1977 Comp., p. 121.

Executive Order 12114

    Environmental Effects Abroad of Major Federal Actions, 3 CFR, 
1979 comp., p. 356.

Executive Order 12778

    Civil Justice Reform, 3 CFR, 1991 Comp., p. 359.

Executive Order 12856

    Federal Compliance with Right-to-Know Laws and Pollution 
Prevention Requirements, 3 CFR, 1993 Comp., p. 616.

Executive Order 12861

    Elimination of One-Half of Executive Branch Internal 
Regulations, 3 CFR, 1993 Comp., p. 630.

Executive Order 12866

    Regulatory Planning and Review, 3 CFR, 1993 Comp., p. 638.

Executive Order 12898

    Federal Actions to Address Environmental Justice in Minority and 
Low-Income Populations, 3 CFR, 1994 Comp., p. 859.

Executive Order 13007

    Indian Sacred Sites, 3 CFR, 1996 Comp., p. 196.

Executive Order 13045

    Protection of Children from Environmental Health Risks and 
Safety Risks, 3 CFR, 1997 Comp., p. 198.

Executive Order 13061

    Federal Support of Community Efforts Along American Heritage 
Rivers, 3 CFR, 1997 Comp., p. 221.

Executive Order 13083

    Federalism, 3 CFR, 1998 Comp., p. 146.
    Public Laws: American Indian Religious Freedom Act.
    42 U.S.C. 1996.

Clean Air Act

    As amended (42 U.S.C. 7401, et seq.).

Clean Water Act of 1977

    Public Law 95-217, 91 Stat. 1566 and Public Law 96-148, Sec. 
1(a)-(c), 93 Stat. 1088.
    Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980.
    As amended (CERCLA, Superfund) (42 U.S.C. 9601 et seq.) 
Endangered Species Act of 1973.
    Public Law 93-205, 87 Stat. 884.

Fish and Wildlife Coordination Act

    Public Law 85-624, Sec. 2, 72 Stat. 563 and Public Law 89-72, 
Sec. 6(b), 79 Stat. 216.

National Environmental Policy Act of 1969

    Public Law 91-190, 83 Stat. 852.

National Historic Preservation Act

    Public Law 89-665, 80 Stat. 915.

Native American Graves Protection and Repatriation Act

    Public Law 101-601, 104 Stat. 3048.

Pollution Prevention Act of 1990

    Public Law 101-508, Title VI, Subtitle G, 104 Stat. 13880-321.

Resource Conservation and Recovery Act of 1976

    Public Law 94-580, 90 Stat. 2795.

Sikes Act

    Public Law 86-797, 74 Stat. 1052.

    Note. The following CFRs may be found in your legal office or 
law library. Copies may be purchased from the Superintendent of 
Documents, Government Printing Office, Washington, DC 20401.

36 CFR Part 800

    Advisory Council on Historic Preservation.

40 CFR Parts 1500--1508

    Council on Environmental Quality.

Section III--Prescribed Forms

    This section contains no entries.

Section IV--Referenced Forms

DA Form 2028

    Recommended Changes to Publications and Blank Forms.

DD Form 1391

    Military Construction Project Data.

Appendix B to Part 651--Categorical Exclusions

Section I--Screening Criteria

    Before any CXs can be used, Screening Criteria as referenced in 
Sec. 651.29 must be met.

Section II--List of CXs

    (a) For convenience only, the CXs are grouped under common types 
of activities (for example, administration/ operation, construction/
demolition, and repair and maintenance). Certain CXs require a REC, 
which will be completed and signed by the proponent. Concurrence on 
the use of a CX is required from the appropriate environmental 
officer (EO), and that signature is required on the REC. The list of 
CXs is subject to continual review and modification. Requests for 
additions or changes to the CXs (along with justification) should be 
sent, through channels, to the ASA (I&E). Subordinate Army 
headquarters may not modify the CX list through supplements to this 
part. Proposed modifications to the list of CXs will be published in 
the FR by HQDA, to provide opportunity for public comment.
    (b) Administration/operation activities:
    (1) Routine law and order activities performed by military/
military police and physical plant protection and security 
personnel, and civilian natural resources and environmental law 
officers.
    (2) Emergency or disaster assistance provided to federal, state, 
or local entities (REC required).
    (3) Preparation of regulations, procedures, manuals, and other 
guidance documents that implement, without substantive change, the 
applicable HQDA or other federal agency regulations, procedures, 
manuals, and other guidance documents that have been environmentally 
evaluated (subject to previous NEPA review).
    (4) Proposed activities and operations to be conducted in an 
existing non-historic structure which are within the scope and 
compatibility of the present functional use of the building, will 
not result in a substantial increase in waste discharged to the 
environment, will not result in substantially different waste 
discharges from current or previous activities, and emissions will

[[Page 15325]]

remain within established permit limits, if any (REC required).
    (5) Normal personnel, fiscal, and administrative activities 
involving military and civilian personnel (recruiting, processing, 
paying, and records keeping).
    (6) Routinely conducted recreation and welfare activities not 
involving off-road recreational vehicles.
    (7) Deployment of military units on a temporary duty (TDY) or 
training basis where existing facilities are used for their intended 
purposes consistent with the scope and size of existing mission.
    (8) Preparation of administrative or personnel-related studies, 
reports, or investigations.
    (9) Approval of asbestos or lead-based paint management plans 
drafted in accordance with applicable laws and regulations (REC 
required).
    (10) Non-construction activities in support of other agencies/
organizations involving community participation projects and law 
enforcement activities.
    (11) Ceremonies, funerals, and concerts. This includes events 
such as state funerals, to include flyovers.
    (12) Reductions and realignments of civilian and/or military 
personnel that: fall below the thresholds for reportable actions as 
prescribed by statute (10 U.S.C. 2687) and do not involve related 
activities such as construction, renovation, or demolition 
activities that would otherwise require an EA or an EIS to implement 
(REC required). This includes reorganizations and reassignments with 
no changes in force structure, unit redesignations, and routine 
administrative reorganizations and consolidations (REC required).
    (13) Actions affecting Army property that fall under another 
federal agency's list of categorical exclusions when the other 
federal agency is the lead agency (decision maker), or joint actions 
on another federal agency's property that fall under that agency's 
list of categorical exclusions (REC required).
    (14) Relocation of personnel into existing federally-owned (or 
state-owned in the case of ARNG) or commercially-leased space, which 
does not involve a substantial change in the supporting 
infrastructure (for example, an increase in vehicular traffic beyond 
the capacity of the supporting road network to accommodate such an 
increase is an example of substantial change) (REC required).
    (c) Construction and demolition:
    (1) Construction of an addition to an existing structure or new 
construction on a previously undisturbed site if the area to be 
disturbed has no more than 5.0 cumulative acres of new surface 
disturbance. This does not include construction of facilities for 
the transportation, distribution, use, storage, treatment, and 
disposal of solid waste, medical waste, and hazardous waste (REC 
required).
    (2) Demolition of non-historic buildings, structures, or other 
improvements and disposal of debris therefrom, or removal of a part 
thereof for disposal, in accordance with applicable regulations, 
including those regulations applying to removal of asbestos, 
polychlorinated biphenyls (PCBs), lead-based paint, and other 
special hazard items (REC required).
    (3) Road or trail construction and repair on existing rights-of-
ways or on previously disturbed areas.
    (d) Cultural and natural resource management activities:
    (1) Land regeneration activities using only native trees and 
vegetation, including site preparation. This does not include 
forestry operations (REC required).
    (2) Routine maintenance of streams and ditches or other 
rainwater conveyance structures (in accordance with USACE permit 
authority under Section 404 of the Clean Water Act and applicable 
state and local permits), and erosion control and stormwater control 
structures (REC required).
    (3) Implementation of hunting and fishing policies or 
regulations that are consistent with state and local regulations.
    (4) Studies, data collection, monitoring and information 
gathering that do not involve major surface disturbance. Examples 
include topographic surveys, bird counts, wetland mapping, and other 
resources inventories (REC required).
    (5) Maintenance of archaeological, historical, and endangered/
threatened species avoidance markers, fencing, and signs.
    (e) Procurement and contract activities:
    (1) Routine procurement of goods and services (complying with 
applicable procedures for sustainable or ``green'' procurement) to 
support operations and infrastructure, including routine utility 
services and contracts.
    (2) Acquisition, installation, and operation of utility and 
communication systems, mobile antennas, data processing cable and 
similar electronic equipment that use existing right-of-way, 
easement, distribution systems, and/or facilities (REC required).
    (3) Conversion of commercial activities under the provisions of 
AR 5-20. This includes only those actions that do not change the 
actions or the missions of the organization or alter the existing 
land-use patterns.
    (4) Modification, product improvement, or configuration 
engineering design change to materiel, structure, or item that does 
not change the original impact of the materiel, structure, or item 
on the environment (REC required).
    (5) Procurement, testing, use, and/or conversion of a 
commercially available product (for example, forklift, generator, 
chain saw, etc.) which does not meet the definition of a weapon 
system (Title 10, U.S.C., Section 2403. ``Major weapon systems: 
Contractor guarantees''), and does not result in any unusual 
disposal requirements.
    (6) Acquisition or contracting for spares and spare parts, 
consistent with the approved Technical Data Package (TDP).
    (7) Modification and adaptation of commercially available items 
and products for military application (for example, sportsman's 
products and wear such as holsters, shotguns, sidearms, protective 
shields, etc.), as long as modifications do not alter the normal 
impact to the environment (REC required).
    (8) Adaptation of non-lethal munitions and restraints from law 
enforcement suppliers and industry (such as rubber bullets, stun 
grenades, smoke bombs, etc.) for military police and crowd control 
activities where there is no change from the original product design 
and there are no unusual disposal requirements. The development and 
use by the military of non-lethal munitions and restraints which are 
similar to those used by local police forces and in which there are 
no unusual disposal requirements (REC required).
    (f) Real estate activities:
    (1) Grants or acquisitions of leases, licenses, easements, and 
permits for use of real property or facilities in which there is no 
significant change in land or facility use. Examples include, but 
are not limited to, Army controlled property and Army leases of 
civilian property to include leases of training, administrative, 
general use, special purpose, or warehouse space (REC required).
    (2) Disposal of excess easement areas to the underlying fee 
owner (REC required).
    (3) Transfer of real property administrative control within the 
Army, to another military department, or to other federal agency, 
including the return of public domain lands to the Department of 
Interior, and reporting of property as excess and surplus to the GSA 
for disposal (REC required).
    (4) Transfer of active installation utilities to a commercial or 
governmental utility provider, except for those systems on property 
that has been declared excess and proposed for disposal (REC 
required).
    (5) Acquisition of real property (including facilities) where 
the land use will not change substantially or where the land 
acquired will not exceed 40 acres and the use will be similar to 
current or ongoing Army activities on adjacent land (REC required).
    (6) Disposal of real property (including facilities) by the Army 
where the reasonably foreseeable use will not change significantly 
(REC required).
    (g) Repair and maintenance activities:
    (1) Routine repair and maintenance of buildings, airfields, 
grounds, equipment, and other facilities. Examples include, but are 
not limited to: Removal and disposal of asbestos-containing material 
(for example, roof material and floor tile) or lead-based paint in 
accordance with applicable regulations; removal of dead, diseased, 
or damaged trees; and repair of roofs, doors, windows, or fixtures 
(REC required for removal and disposal of asbestos-containing 
material and lead-based paint or work on historic structures).
    (2) Routine repairs and maintenance of roads, trails, and 
firebreaks. Examples include, but are not limited to: grading and 
clearing the roadside of brush with or without the use of 
herbicides; resurfacing a road to its original conditions; pruning 
vegetation, removal of dead, diseased, or damaged trees and cleaning 
culverts; and minor soil stabilization activities.
    (3) Routine repair and maintenance of equipment and vehicles 
(for example, autos, tractors, lawn equipment, military vehicles, 
etc.) which is substantially the same as that routinely performed by 
private sector owners and operators of similar equipment and 
vehicles. This does not include depot maintenance of unique military 
equipment.

[[Page 15326]]

    (h) Hazardous materials/hazardous waste management and 
operations:
    (1) Use of gauging devices, analytical instruments, and other 
devices containing sealed radiological sources; use of industrial 
radiography; use of radioactive material in medical and veterinary 
practices; possession of radioactive material incident to performing 
services such as installation, maintenance, leak tests, and 
calibration; use of uranium as shielding material in containers or 
devices; and radioactive tracers (REC required).
    (2) Immediate responses in accordance with emergency response 
plans (for example, Spill Prevention Control and Countermeasure Plan 
(SPCCP)/Installation Spill Contingency Plan (ISCP), and Chemical 
Accident and Incident Response Plan) for release or discharge of oil 
or hazardous materials/substances; or emergency actions taken by 
Explosive Ordnance Demolition (EOD) detachment or Technical Escort 
Unit.
    (3) Sampling, surveying, well drilling and installation, 
analytical testing, site preparation, and intrusive testing to 
determine if hazardous wastes, contaminants, pollutants, or special 
hazards (for example, asbestos, PCBs, lead-based paint, or 
unexploded ordnance) are present (REC required).
    (4) Routine management, to include transportation, distribution, 
use, storage, treatment, and disposal of solid waste, medical waste, 
radiological and special hazards (for example, asbestos, PCBs, lead-
based paint, or unexploded ordnance), 
and/or hazardous waste that complies with EPA, Army, or other 
regulatory agency requirements. This CX is not applicable to new 
construction of facilities for such management purposes.
    (5) Research, testing, and operations conducted at existing 
enclosed facilities consistent with previously established safety 
levels and in compliance with applicable federal, state, and local 
standards. For facilities without existing NEPA analysis, including 
contractor-operated facilities, if the operation will substantially 
increase the extent of potential environmental impacts or is 
controversial, an EA (and possibly an EIS) is required.
    (6) Reutilization, marketing, distribution, donation, and resale 
of items, equipment, or materiel; normal transfer of items to the 
Defense Logistics Agency. Items, equipment, or materiel that have 
been contaminated with hazardous materials or wastes will be 
adequately cleaned and will conform to the applicable regulatory 
agency's requirements.
    (i) Training and testing:
    (1) Simulated war games (classroom setting) and on-post tactical 
and logistical exercises involving units of battalion size or 
smaller, and where tracked vehicles will not be used (REC required 
to demonstrate coordination with installation range control and 
environmental office).
    (2) Training entirely of an administrative or classroom nature.
    (3) Intermittent on-post training activities (or off-post 
training covered by an ARNG land use agreement) that involve no live 
fire or vehicles off established roads or trails. Uses include, but 
are not limited to, land navigation, physical training, Federal 
Aviation Administration (FAA) approved aerial overflights, and small 
unit level training.
    (j) Aircraft and airfield activities:
    (1) Infrequent, temporary (less than 30 days) increases in air 
operations up to 50 percent of the typical installation aircraft 
operation rate (REC required).
    (2) Flying activities in compliance with Federal Aviation 
Administration Regulations and in accordance with normal flight 
patterns and elevations for that facility, where the flight 
patterns/elevations have been addressed in an installation master 
plan or other planning document that has been subject to NEPA public 
review.
    (3) Installation, repair, or upgrade of airfield equipment (for 
example, runway visual range equipment, visual approach slope 
indicators).
    (4) Army participation in established air shows sponsored or 
conducted by non-Army entities on other than Army property.

Appendix C to Part 651--Mitigation and Monitoring

    (a) The CEQ regulations (40 CFR parts 1500-1508) recognize the 
following five means of mitigating an environmental impact. These 
five approaches to mitigation are presented in order of 
desirability.
    (1) Avoiding the impact altogether by not taking a certain 
action or parts of an action. This method avoids environmental 
impact by eliminating certain activities in certain areas. As an 
example, the Army's Integrated Training Area Management (ITAM) 
program accounts for training requirements and activities while 
considering natural and cultural resource conditions on ranges and 
training land. This program allows informed management decisions 
associated with the use of these lands, and has mitigated potential 
impacts by limiting activities to areas that are compatible with 
Army training needs. Sensitive habitats and other resources are thus 
protected, while the mission requirements are still met.
    (2) Minimizing impacts by limiting the degree or magnitude of 
the action and its implementation. Limiting the degree or magnitude 
of the action can reduce the extent of an impact. For example, 
changing the firing time or the number of rounds fired on artillery 
ranges will reduce the noise impact on nearby residents. Using the 
previous ITAM example, the conditions of ranges can be monitored, 
and, when the conditions on the land warrant, the intensity or 
magnitude of the training on that parcel can be modified through a 
variety of decisions.
    (3) Rectifying the impact by repairing, rehabilitating, or 
restoring the effect on the environment. This method restores the 
environment to its previous condition or better. Movement of troops 
and vehicles across vegetated areas often destroys vegetation. 
Either reseeding or replanting the areas with native plants after 
the exercise can mitigate this impact.
    (4) Reducing or eliminating the impact over time by preservation 
and maintenance operations during the life of the action. This 
method designs the action so as to reduce adverse environmental 
effects. Examples include maintaining erosion control structures, 
using air pollution control devices, and encouraging car pools in 
order to reduce transportation effects such as air pollution, energy 
consumption, and traffic congestion.
    (5) Compensating for the impact by replacing or providing 
substitute resources or environments (40 CFR 1508.20). This method 
replaces the resource or environment that will be impacted by the 
action. Replacement can occur in-kind or otherwise; for example, 
deer habitat in the project area can be replaced with deer habitat 
in another area; an in-kind replacement at a different location. 
This replacement can occur either on the impact site or at another 
location. This type of mitigation is often used in water resources 
projects.
    (b) The identification and evaluation of mitigations involves 
the use of experts familiar with the predicted environmental 
impacts. Many potential sources of information are available for 
assistance. These include sources within the Army such as the 
USACHPPM, the USAEC, the MACOM environmental office, the ODEP, COE 
research laboratories, COE districts and divisions, and DoD Regional 
Support Centers. State agencies are another potential source of 
information, and the appropriate POC within these agencies may be 
obtained from the installation environmental office. Local interest 
groups may also be able to help identify potential mitigation 
measures. Other suggested sources of assistance include:
    (1) Aesthetics:
    (i) Installation Landscape Architect.
    (ii) COE District Landscape Architects.
    (2) Air Quality:
    (i) Installation Environmental Specialist.
    (ii) Installation Preventive Medicine Officer.
    (3) Airspace:
    (i) Installation Air Traffic and Airspace Officers.
    (ii) DA Regional Representative to the FAA.
    (iii) DA Aeronautical Services.
    (iv) Military Airspace Management System Office.
    (v) Installation Range Control Officer.
    (4) Earth Science:
    (i) Installation Environmental Specialist.
    (ii) USACE District Geotechnical Staff.
    (5) Ecology:
    (i) Installation Environmental Specialist.
    (ii) Installation Wildlife Officer.
    (iii) Installation Forester.
    (iv) Installation Natural Resource Committee.
    (v) USACE District Environmental Staff.
    (6) Energy/Resource Conservation: Installation Environmental 
Specialist.
    (7) Health and Safety:
    (i) Installation Preventive Medicine Officer.
    (ii) Installation Safety Officer.
    (iii) Installation Hospital.
    (iv) Installation Mental Hygiene or Psychiatry Officer.
    (v) Chaplain's Office.
    (8) Historic/Archaeological Resources:
    (i) Installation Environmental Specialist.
    (ii) Installation Historian or Architect.
    (iii) USACE District Archaeologist.
    (9) Land Use Impacts: (i) Installation Master Planner.

[[Page 15327]]

    (ii) USACE District Community Planners.
    (10) Socioeconomics:
    (i) Personnel Office.
    (ii) Public Information Officer.
    (iii) USACE District Economic Planning Staff.
    (11) Water Quality:
    (i) Installation Environmental Specialist.
    (ii) Installation Preventive Medicine Officer.
    (iii) USACE District Environmental Staff.
    (12) Noise:
    (i) Preventive Medicine Officer.
    (ii) Directorate of Public Works.
    (iii) Installation Master Planner.
    (13) Training Impacts:
    Installation Director of Plans, Training, and Mobilization
    (c) Several different mitigation techniques have been used on 
military installations for a number of years. The following examples 
illustrate the variety of possible measures:
    (1) There are maneuver restrictions in areas used extensively 
for tracked vehicle training. These restrictions are not designed to 
infringe on the military mission, but rather to reduce the amount of 
damage to the training area.
    (2) Aerial seeding has been done on some installations to reduce 
erosion problems.
    (3) Changing the time and/or frequency of operations has been 
used. This may involve changing the season of the year, the time of 
day, or even day of the week for various activities. These changes 
avoid noise impacts as well as aesthetic, transportation, and some 
ecological problems.
    (4) Reducing the effects of construction has involved using 
techniques that keep heavy equipment away from protected trees and 
quickly re-seeding areas after construction.
    (d) Monitoring and enforcement programs are applicable (40 CFR 
1505.2(c)) and the specific adopted action is an important case (40 
CFR 1505.3) if:
    (1) There is a change in environmental conditions or project 
activities that were assumed in the EIS, such that original 
predictions of the extent of adverse environmental impacts may be 
too limited.
    (2) The outcome of the mitigation measure is uncertain, such as 
in the case of the application of new technology.
    (3) Major environmental controversy remains associated with the 
selected alternative.
    (4) Failure of a mitigation measure, or other unforeseen 
circumstances, could result in serious harm to federal-or state-
listed endangered or threatened species; important historic or 
archaeological sites that are either on, or meet eligibility 
requirements for nomination to the National Register of Historic 
Places; wilderness areas, wild and scenic rivers, or other public or 
private protected resources. Evaluation and determination of what 
constitutes serious harm must be made in coordination with the 
appropriate federal, state, or local agency responsible for each 
particular program.
    (e) Five basic considerations affect the establishment of 
monitoring programs:
    (1) Legal requirements. Permits for some actions will require 
that a monitoring system be established (for example, dredge and 
fill permits from the USACE). These permits will generally require 
both enforcement and effectiveness monitoring programs.
    (2) Protected resources. These include federal-or state-listed 
endangered or threatened species, important historic or 
archaeological sites (whether or not these are listed or eligible 
for listing on the National Register of Historic Places), wilderness 
areas, wild and scenic rivers, and other public or private protected 
resources. Private protected resources include areas such as Audubon 
Society Refuges, Nature Conservancy lands, or any other land that 
would be protected by law if it were under government ownership, but 
is privately owned. If any of these resources are affected, an 
effectiveness and enforcement-monitoring program must be undertaken 
in conjunction with the federal, state, or local agency that manages 
the type of resource.
    (3) Major environmental controversy. If a controversy remains 
regarding the effect of an action or the effectiveness of a 
mitigation, an enforcement and effectiveness monitoring program must 
be undertaken. Controversy includes not only scientific disagreement 
about the mitigation's effectiveness, but also public interest or 
debate.
    (4) Mitigation outcome. The probability of the mitigation's 
success must be carefully considered. The proponent must know if the 
mitigation has been successful elsewhere. The validity of the 
outcome should be confirmed by expert opinion. However, the 
proponent should note that a certain technique, such as artificial 
seeding with the natural vegetation, which may have worked 
successfully in one area, may not work in another.
    (5) Changed conditions. The final consideration is whether any 
condition, such as the environmental setting, has changed (for 
example, a change in local land use around the area, or a change in 
project activities, such as increased amount of acreage being used 
or an increased movement of troops). Such changes will require 
preparation of a supplemental document (see Secs. 651.5(g) and 
651.24) and additional monitoring. If none of these conditions are 
met (that is, requirement by law, protected resources, no major 
controversy is involved, effectiveness of the mitigation is known, 
and the environmental or project conditions have not changed), then 
only an enforcement monitoring program is needed. Otherwise, both an 
enforcement and effectiveness monitoring program will be required.
    (f) Enforcement monitoring program. The development of an 
enforcement monitoring program is governed by who will actually 
perform the mitigation; a contractor, a cooperating agency, or an 
in-house (Army) lead agency. The lead agency is ultimately 
responsible for performing any mitigation activities.
    (1) Contract performance. Several provisions must be made in 
work to be performed by contract. The lead agency must ensure that 
contract provisions include the performance of the mitigation 
activity and that penalty clauses are written into the contracts. It 
must provide for timely inspection of the mitigation measures and is 
responsible for enforcing all contract provision.
    (2) Cooperating agency performance. The lead agency must ensure 
that, if a cooperating agency performs the work, it understands its 
role in the mitigation. The lead agency must determine and agree 
upon how the mitigation measures will be funded. It must also ensure 
that any necessary formal paperwork such as cooperating agreements 
is complete.
    (3) Lead agency performance. If the lead agency performs the 
mitigation, the proponent must ensure that needed tasks are 
performed, provide appropriate funding in the project budget, 
arrange for necessary manpower allocations, and make any necessary 
changes in the agency (installation) regulations (such as 
environmental or range regulations).
    (g) Effectiveness monitoring. Effectiveness monitoring is often 
difficult to establish. The first step is to determine what must be 
monitored, based on criteria discussed during the establishment of 
the system; for example, the legal requirements, protected 
resources, area of controversy, known effectiveness, or changed 
conditions. Initially, this can be a very broad statement, such as 
reduction of impacts on a particular stream by a combination of 
replanting, erosion control devices, and range regulations. The next 
step is finding the expertise necessary to establish the monitoring 
system. The expertise may be available on-post or may be obtained 
from an outside source. After a source of expertise is located, the 
program can be established using the following criteria:
    (1) Any technical parameters used must be measurable; for 
example, the monitoring program must be quantitative and 
statistically sound.
    (2) A baseline study must be completed before the monitoring 
begins in order to identify the actual state of the system prior to 
any disturbance.
    (3) The monitoring system must have a control, so that it can 
isolate the effects of the mitigation procedures from effects 
originating outside the action.
    (4) The system's parameters and means of measuring them must be 
replicable.
    (5) Parameter results must be available in a timely manner so 
that the decision maker can take any necessary corrective action 
before the effects are irreversible.
    (6) Not every mitigation has to be monitored separately. The 
effectiveness of several mitigation actions can be determined by one 
measurable parameter. For example, the turbidity measurement from a 
stream can include the combined effectiveness of mitigation actions 
such as reseeding, maneuver restrictions, and erosion control 
devices. However, if a method combines several parameters and a 
critical change is noted, each mitigation measurement must be 
examined to determine the problem.

Appendix D to Part 651--Public Participation Plan

    The objective of the plan will be to encourage the full and open 
discussion of issues related to Army actions. Some NEPA actions will 
be very limited in scope, and may not require full public 
participation and involvement. Other NEPA actions will obviously be 
of interest, not only to the local

[[Page 15328]]

community, but to others across the country as well.
    (a) To accomplish this objective, the plan will require:
    (1) Dissemination of information to local and installation 
communities through such means as news releases to local media, 
announcements to local citizens groups, and Commander's letters. 
Such information may be subject to Freedom of Information Act and 
operations security review.
    (2) The invitation of public comments through two-way 
communication channels that will be kept open through various means.
    (3) The use of fully informed public affairs officers at all 
levels.
    (4) Preparation of EAs which incorporate public involvement 
processes whenever appropriate (40 CFR 1506.6).
    (5) Consultation of persons and agencies such as:
    (i) Municipal, township, and county elected and appointed 
officials.
    (ii) Tribal, state, county, and local government officials and 
administrative personnel whose official duties include 
responsibility for activities or components of the affected 
environment related to the proposed Army action.
    (iii) Local and regional administrators of other federal 
agencies or commissions that may either control resources 
potentially affected by the proposed action (for example, the U.S. 
Fish and Wildlife Service) or who may be aware of other actions by 
different federal agencies whose effects must be considered with the 
proposed Army action (for example, the GSA).
    (iv) Members of identifiable population segments within the 
potentially affected environments, whether or not they have clearly 
identifiable leaders or an established organization such as farmers 
and ranchers, homeowners, small business owners, and Native 
Americans.
    (v) Members and officials of those identifiable interest groups 
of local or national scope that may have an interest in the 
environmental effects of the proposed action or activity (for 
example, hunters and fishermen, Isaak Walton League, Sierra Club, 
and the Audubon Society).
    (vi) Any person or group that has specifically requested 
involvement in the specific action or similar actions.
    (b) Public involvement should be solicited using the following 
processes and procedures:
    (1) Direct individual contact. Such limited contact may suffice 
for all required public involvement, when the expected environmental 
effect is of a very limited scope. This contact should identify:
    (i) Persons expected to express an opinion and later 
participate.
    (ii) Preliminary positions of such persons on the scope of 
issues that the analysis must address.
    (2) Small workshops or discussion groups.
    (3) Larger public gatherings that are held after some 
formulation of the potential issues, inviting the public to express 
views on the proposed courses of action. Public suggestions or 
additional alternative courses of action may be expressed at these 
gatherings which need not be formal public hearings.
    (4) Any other processes and procedures to accomplish the 
appropriate level of public involvement.
    (c) Scoping Guidance. All affected parties must be included in 
the scoping process (AR 360-5). The plan must include the following:
    (1) Information disseminated to local and installation 
communities through such means as news releases to local media, 
announcements to local citizens groups, and Commander's letters at 
each phase or milestone (more frequently if needed) of the project. 
Such information may be subject to Freedom of Information Act and 
operations security review.
    (2) Each phase or milestone (more frequently if needed) of the 
project will be coordinated with representatives of local, state, 
and federal government agencies.
    (3) Public comments will be invited and two-way communication 
channels will be kept open through various means as stated above.
    (4) Public affairs officers at all levels will be kept informed.
    (5) When an EIS is being prepared, public involvement is a 
requisite element of the scoping process (40 CFR 1501.7(a)(1)).
    (6) Preparation of EAs will incorporate public involvement 
processes whenever appropriate (40 CFR 1506.6).
    (7) Persons and agencies to be consulted include the following:
    (i) Municipal, township, and county elected and appointed 
officials.
    (ii) Tribal, state, county, and local government officials and 
administrative personnel whose official duties include 
responsibility for activities or components of the affected 
environment related to the proposed Army action.
    (iii) Local and regional administrators of other federal 
agencies or commissions that may either control resources 
potentially affected by the proposed action (for example, the U.S. 
Fish and Wildlife Service); or who may be aware of other actions by 
different federal agencies whose effects must be considered with the 
proposed Army action, (for example, the GSA).
    (iv) Members of identifiable population segments within the 
potentially affected environments, whether or not they have clearly 
identifiable leaders or an established organization such as farmers 
and ranchers, homeowners, small business owners, and Indian tribes.
    (v) Members and officials of those identifiable interest groups 
of local or national scope that may have interest in the 
environmental effects of the proposed action or activity (for 
example, hunters and fishermen, Isaak Walton League, Sierra Club, 
and the Audubon Society).
    (vi) Any person or group that has specifically requested 
involvement in the specific action or similar actions.
    (8) The public involvement processes and procedures by which 
participation may be solicited include the following:
    (i) The direct individual contact process identifies persons 
expected to express an opinion and participate in later public 
meetings. Direct contact may also identify the preliminary positions 
of such persons on the scope of issues that the EIS will address. 
Such limited contact may suffice for all required public 
involvement, when the expected environmental effect is of very 
limited scope.
    (ii) Small workshops or discussion groups.
    (iii) Larger public gatherings that are held after some 
formulation of the potential issues. The public is invited to 
express its views on the proposed courses of action. Public 
suggestions or alternative courses of action not already identified 
may be expressed at these gatherings that need not be formal public 
hearings.
    (iv) Identifying and applying other processes and procedures to 
accomplish the appropriate level of public involvement.
    (9) The meetings described above should not be public hearings 
in the early stages of evaluating a proposed action. Public hearings 
do not substitute for the full range of public involvement 
procedures under the purposes and intent of (a) of this appendix.
    (10) Public surveys or polls to identify public opinion of a 
proposed action will be performed (AR 335-15, chapter 10).
    (d) Preparing the Notice of Intent. In preparing the NOI, the 
proponent will:
    (1) In the NOI, identify the significant issues to be analyzed 
in the EIS.
    (2) In the NOI, identify the office or person responsible for 
matters related to the scoping process. If they are not the same as 
the proponent of the action, make that distinction.
    (3) Identify the lead and cooperating agency, if already 
determined (40 CFR 1501.5 and 1501.6).
    (4) Identify the method by which the agency will invite 
participation of affected parties; and identify a tentative list of 
the affected parties to be notified.
    (5) Identify the proposed method for accomplishing the scoping 
procedure.
    (6) Indicate the relationship between the timing of the 
preparation of environmental analyses and the tentative planning and 
decision-making schedule including:
    (i) The scoping process itself.
    (ii) Collecting or analyzing environmental data, including 
studies required of cooperating agencies.
    (iii) Preparation of DEISs and FEISs.
    (iv) Filing of the ROD.
    (v) Taking the action.
    (7) For a programmatic EIS, preparing a general expected 
schedule for future specific implementing actions that will involve 
separate environmental analysis.
    (8) If applicable, in the NOI, identify the extent to which the 
EIS preparation process is exempt from any of the normal procedural 
requirements of this part, including scoping.

Appendix E to Part 651--Content of the Environmental Impact Statement

    (a) EISs will:
    (1) Be analytic rather than encyclopedic. Impacts will be 
discussed in proportion to their significance; and insignificant 
impacts will only be briefly discussed, sufficient to show why more 
analysis is not warranted.
    (2) Be kept concise and no longer than absolutely necessary to 
comply with NEPA, CEQ regulations, and this part. Length should

[[Page 15329]]

be determined by potential environmental issues, not project size. 
The EIS should be no longer than 300 pages.
    (3) Describe the criteria for selecting alternatives, and 
discuss those alternatives, including the ``no action'' alternative, 
to be considered by the ultimate decision maker.
    (4) Serve as a means to assess environmental impacts of proposed 
military actions, rather than justifying decisions.
    (b) The EIS will consist of the following:
    (1) Cover sheet. The cover sheet will not exceed one page (40 
CFR 1502.11) and will be accompanied by a signature page for the 
proponent, designated as preparer; the installation environmental 
office (or other source of NEPA expertise), designated as reviewer; 
and the Installation Commander (or other Activity Commander), 
designated as approver. It will include:
    (i) The following statement: ``The material contained in the 
attached (final or draft) EIS is for internal coordination use only 
and may not be released to non-Department of Defense agencies or 
individuals until coordination has been completed and the material 
has been cleared for public release by appropriate authority.'' This 
sheet will be removed prior to filing the document with the EPA.
    (ii) A list of responsible agencies including the lead agency 
and any cooperating agency.
    (iii) The title of the proposed action that is the subject of 
the statement and, if appropriate, the titles of related cooperating 
agency actions, together with state and county (or other 
jurisdiction as applicable) where the action is located.
    (iv) The name, address, and telephone number of the person at 
the agency who can supply further information, and, as appropriate, 
the name and title of the major approval authority in the command 
channel through HQDA staff proponent.
    (v) A designation of the statement as a draft, final, or draft 
or final supplement.
    (vi) A one-paragraph abstract of the statement that describes 
only the need for the proposed action, alternative actions, and the 
significant environmental consequences of the proposed action and 
alternatives.
    (vii) The date by which comments must be received, computed in 
cooperation with the EPA.
    (2) Summary. The summary will stress the major conclusions of 
environmental analysis, areas of controversy, and issues yet to be 
resolved. The summary presentation will focus on the scope of the 
EIS, including issues that will not be evaluated in detail. It 
should list all federal permits, licenses, and other entitlements 
that must be obtained prior to proposal implementation. Further, a 
statement of compliance with the requirements of other federal 
environmental protection laws will be included (40 CFR 1502.25). To 
simplify consideration of complex relationships, every effort will 
be made to present the summary of alternatives and their impacts in 
a graphic format with the narrative. The EIS summary should be 
written at the standard middle school reading level. This summary 
should not exceed 15 pages. An additional summary document will be 
prepared for separate submission to the DEP and the ASA(I&E). This 
will identify progress ``to the date,'' in addition to the standard 
EIS summary which:
    (i) Summarizes the content of the document (from an oversight 
perspective).
    (ii) Outlines mitigation requirements (to improve mitigation 
tracking and the programming of funds).
    (iii) Identifies major and unresolved issues and potential 
controversies. For EIS actions that have been delegated by the 
ASA(I&E), this document will also include status of requirements and 
conditions established by the delegation letter.
    (3) Table of contents. This section will provide for the table 
of contents, list of figures and tables, and a list of all 
referenced documents, including a bibliography of references within 
the body of the EIS. The table of contents should have enough detail 
so that searching for sections of text is not difficult.
    (4) Purpose of and need for the action. This section should 
clearly state the nature of the problem and discuss how the proposed 
action or range of alternatives would solve the problem. This 
section will briefly give the relevant background information on the 
proposed action and summarize its operational, social, economic, and 
environmental objectives. This section is designed specifically to 
call attention to the benefits of the proposed action. If a cost-
benefit analysis has been prepared for the proposed action, it may 
be included here, or attached as an appendix and referenced here.
    (5) Alternatives considered, including proposed action and no 
action alternative. This section presents all reasonable 
alternatives and their likely environmental impacts, written in 
simple, nontechnical language for the lay reader. A no action 
alternative must be included (40 CFR 1502.14(d)). A preferred 
alternative need not be identified in the DEIS; although a preferred 
alternative generally must be included in the FEIS (40 CFR 
1502.14(e)). The environmental impacts of the alternatives should be 
presented in comparative form, thus sharply defining the issues and 
providing a clear basis for choice among the options that are 
provided the decision maker and the public (40 CFR 1502.14). The 
information should be summarized in a brief, concise manner. The use 
of graphics and tabular or matrix format is encouraged to provide 
the reviewer with an at-a-glance review. In summary, the following 
points are required:
    (i) A description of all reasonable alternatives, including the 
preferred action, alternatives beyond DA jurisdiction (40 CFR 
1502.14(c)), and the no action alternative.
    (ii) A comparative presentation of the environmental 
consequences of all reasonable alternative actions, including the 
preferred alternative.
    (iii) A description of the mitigation measures and/or monitoring 
procedures (Sec. 651.15) nominated for incorporation into the 
proposed action and alternatives, as well as mitigation measures 
that are available but not incorporated and/or monitoring procedures 
(Sec. 651.15).
    (iv) Listing of any alternatives that were eliminated from 
detailed study. A brief discussion of the reasons for which each 
alternative was eliminated.
    (6) Affected environment (baseline conditions) that may be 
impacted. This section will contain information about existing 
conditions in the affected areas in sufficient detail to understand 
the potential effects of the alternatives under consideration (40 
CFR 1502.15). Affected elements could include, for example, 
biophysical characteristics (ecology and water quality); land use 
and land use plans; architectural, historical, and cultural 
amenities; utilities and services; and transportation. This section 
will not be encyclopedic. It will be written clearly and the degree 
of detail for points covered will be related to the significance and 
magnitude of expected impacts. Elements not impacted by any of the 
alternatives need only be presented in summary form, or referenced.
    (7) Environmental and socioeconomic consequences. This section 
forms the scientific and analytic basis for the comparison of 
impacts. It should discuss:
    (i) Direct effects and their significance.
    (ii) Indirect effects and their significance.
    (iii) Possible conflicts between the proposed action and 
existing land use plans, policies, and controls.
    (iv) Environmental effects of the alternatives, including the 
proposed action and the no action alternative.
    (v) Energy requirements and conservation potential of various 
alternatives and mitigation measures.
    (vi) Irreversible and irretrievable commitments of resources 
associated with the proposed action.
    (vii) Relationship between short-term use of the environment and 
maintenance and enhancement of long-term productivity.
    (viii) Urban quality, historic, and cultural resources, and 
design of the built environment, including the reuse and 
conservation potential of various alternatives and mitigation 
measures. 
    (ix) Cumulative effects of the proposed action in light of other 
past, present, and foreseeable actions.
    (x) Means to mitigate or monitor adverse environmental impacts.
    (xi) Any probable adverse environmental effects that cannot be 
avoided.
    (8) List of preparers. The EIS will list the names of its 
preparers, together with their qualifications (expertise, 
experience, and professional disciplines) (40 CFR 1502.17), 
including those people who were primarily responsible for preparing 
(research, data collection, and writing) the EIS or significant 
background or support papers, and basic components of the statement. 
When possible, the people who are responsible for a particular 
analysis, as well as an analysis of background papers, will be 
identified. If some or all of the preparers are contractors' 
employees, they must be identified as such. Identification of the 
firm that prepared the EIS is not, by itself, adequate to meet the 
requirements of this point. Normally, this list will not exceed two 
pages. Contractors will execute disclosure statements specifying 
that they have no financial or other interest in the outcome of the 
project. These statements will be referenced in this section of the 
EIS.
    (9) Distribution list. For the DEIS, a list will be prepared 
indicating from whom review and comment is requested. The list will 
include public agencies and private parties or

[[Page 15330]]

organizations. The distribution of the DEIS and FEIS will include 
the CBTDEVs from whom comments were requested, irrespective of 
whether they provided comments.
    (10) Index. The index will be an alphabetical list of topics in 
the EIS, especially of the types of effects induced by the various 
alternative actions. Reference may be made to either page number or 
paragraph number.
    (11) Appendices (as appropriate). If an agency prepares an 
appendix to an EIS, the appendix will consist of material prepared 
in connection with an EIS (distinct from material not so prepared 
and incorporated by reference), consist only of material that 
substantiates any analysis fundamental to an impact statement, be 
analytic and relevant to the decision to be made, and be circulated 
with the EIS or readily available.

Appendix F to Part 651--Glossary

Section 1--Abbreviations

AAE

    Army Acquisition Executive.

AAPPSO

    Army Acquisition Pollution Prevention Support Office.

ACAT

    Acquisition Category.

ACSIM

    Assistant Chief of Staff for Installation Management.

ADNL

    A-weighted day-night levels.

AQCR

    Air Quality Control Region.

AR

    Army Regulation.

ARNG

    Army National Guard.

ARSTAF

    Army Staff.

ASA(AL&T)

    Assistant Secretary of the Army (Acquisition, Logistics, and 
Technology).

ASA(FM)

    Assistant Secretary of the Army for Financial Management.

ASA(I&E)

    Assistant Secretary of the Army (Installations and Environment).

ASD(ISA)

    Assistant Secretary of Defense (International Security Affairs).

CARD

    Cost Analysis Requirements Description.

CBTDEV

Combat Developer.

CEQ

    Council on Environmental Quality.

CERCLA

    Comprehensive Environmental Response Compensation and Liability 
Act.

CDNL

    C-Weighted Day-Night Levels.

CFR

    Code of Federal Regulations.

CONUS

    Continental United States.

CX

    Categorical Exclusion.

DA

    Department of the Army.

DAD

    Defense Acquisition Deskbook.

DASA(ESOH)

    Deputy Assistant Secretary of the Army (Environment, Safety, and 
Occupational Health).

DCSLOG

    Deputy Chief of Staff for Logistics.

DCSOPS

    Deputy Chief of Staff for Operations and Plans.

DEIS

    Draft Environmental Impact Statement.

DEP

    Director of Environmental Programs.

DOD

    Department of Defense.

DOPAA

    Description of Proposed Action and Alternatives.

DSA

    Deputy for System Acquisition.

DTIC

    Defense Technical Information Center.

DTLOMS

    Doctrine, Training, Leader Development, Organization, Materiel, 
and Soldier.

DUSD(IE)

    Deputy Under Secretary of Defense for Installations and 
Environment.

EA

    Environmental Assessment.

EBS

    Environmental Baseline Studies.

EC

    Environmental Coordinator.

ECAP

    Environmental Compliance Achievement Program.

ECAS

    Environmental Compliance Assessment System.

EE/CA

    Engineering Evaluation/Cost Analysis.

EICS

    Environmental Impact Computer System.

EIFS

    Economic Impact Forecast System.

EIS

    Environmental Impact Statement.

EJ

    Environmental Justice.

EOD

    Explosive Ordnance Demolition.

EPA

    Environmental Protection Agency.

EPR

    Environmental Program Requirements.

EQCC

    Environmental Quality Control Committee.

ESH

    Environment, Safety, and Health.

FAA

    Federal Aviation Administration.

FEIS

    Final Environmental Impact Statement.

FNSI

    Finding of No Significant Impact.

FR

    Federal Register.

FS

    Feasibility Study.

FTP

    Full-Time Permanent.

GC

    General Counsel.

GOCO

    Government-Owned, Contractor-Operated.

GSA

    General Services Administration.

HQDA

    Headquarters, Department of the Army.

ICRMP

    Integrated Cultural Resources Management Plan.

ICT

    Integrated Concept Team.

INRMP

    Integrated Natural Resources Management Plan.

IPT

    Integrated Process Team.

ISCP

    Installation Spill Contingency Plan.

ISR

    Installation Status Report.

ITAM

    Integrated Training Area Management.

LCED

    Life Cycle Environmental Documentation.

MACOM

    Major Army Command.

MATDEV

    Materiel Developer.

MDA

    Milestone Decision Authority.

MFA

    Materiel Fielding Agreement.

[[Page 15331]]

MFP

    Materiel Fielding Plan.

MILCON

    Military Construction.

MNS

    Mission Needs Statement.

MOA

    Memorandum of Agreement.

MOU

    Memorandum of Understanding.

NAGPRA

    Native American Graves Protection and Repatriation Act.

NEPA

    National Environmental Policy Act.

NGB

    National Guard Bureau.

NHPA

    National Historic Preservation Act.

NOA

    Notice of Availability.

NOI

    Notice of Intent.

NPR

    National Performance Review.

NRC

    Nuclear Regulatory Commission.

NWR

    Notice of Availability of Weekly Receipts (EPA).

OASD(PA)

    Office of the Assistant Secretary of Defense for Public Affairs.

OCLL

    Office of the Chief of Legislative Liaison.

OCPA

    Office of the Chief of Public Affairs.

ODEP

    Office of the Director of Environmental Programs.

OFS

    Officer Foundation Standards.

OGC

    Office of General Counsel.

OIPT

    Overarching Integrated Process Team.

OMA

    Operations and Maintenance Army.

OMANG

    Operations and Maintenance Army National Guard.

OMAR

    Operations and Maintenance Army Reserve.

OOTW

    Operations Other Than War.

OPSEC

    Operations Security.

ORD

    Operating Requirements Document.

OSD

    Office of the Secretary of Defense.

OSG

    Office of the Surgeon General.

PAO

    Public Affairs Officer.

PCB

    Polychlorinated Biphenyls.

PDEIS

    Preliminary Draft Environmental Impact Statement.

PEO

    Program Executive Officer.

PM

    Program Manager.

POC

    Point of Contact.

POL

    Petroleum, Oils, and Lubricants.

PPBES

    Program Planning and Budget Execution System.

RCRA

    Resource Conservation and Recovery Act.

RDT&E

    Research, Development, Test, and Evaluation.

REC

    Record of Environmental Consideration.

ROD

    Record of Decision.

RONA

    Record of Non-Applicability.

RSC

    Regional Support Command.

S&T

    Science and Technology.

SA

    Secretary of the Army.

SARA

    Superfund Amendments and Reauthorization Act.

SASO

    Stability and Support Operations.

SOFA

    Status of Forces Agreement.

SPCCP

    Spill Prevention Control and Countermeasure Plan.

TDP

    Technical Data Package.

TDY

    Temporary Duty.

TEMP

    Test and Evaluation Master Plan.

TJAG

    The Judge Advocate General.

TOE

    Table of Organization Equipment.

TRADOC

    U.S. Army Training and Doctrine Command.

USACE

    U.S. Army Corps of Engineers.

USACHPPM

    U.S. Army Center for Health Promotion and Preventive Medicine.

USAEC

    U.S. Army Environmental Center.

U.S.C.

    United States Code.

Section II--Terms

Categorical Exclusion

    A category of actions that do not require an EA or an EIS 
because Department of the Army (DA) has determined that the actions 
do not have an individual or cumulative impact on the environment.

Environmental (or National Environmental Policy Act) Analysis

    This term, as used in this part, will include all documentation 
necessary to coordinate and staff analyses or present the results of 
the analyses to the public or decision maker.

Foreign Government

    A government, regardless of recognition by the United States, 
political factions, and organizations, that exercises governmental 
power outside the United States.

Foreign Nations

    Any geographic area (land, water, and airspace) that is under 
the jurisdiction of one or more foreign governments. It also refers 
to any area under military occupation by the United States alone or 
jointly with any other foreign government. Includes any area that is 
the responsibility of an international organization of governments; 
also includes contiguous zones and fisheries zones of foreign 
nations.

Global Commons

    Geographical areas outside the jurisdiction of any nation. They 
include the oceans outside territorial limits and Antarctica. They 
do not include contiguous zones and fisheries zones of foreign 
nations.

Headquarters, Department of the Army proponent

    As the principal planner, implementer, and decision authority 
for a proposed action, the HQDA proponent is responsible for the 
substantive review of the environmental documentation and its 
thorough consideration in the decision-making process.

Major Federal Action

    Reinforces, but does not have a meaning independent of, 
``significantly affecting the environment,'' and will be interpreted 
in that context. A federal proposal with ``significant effects'' 
requires an EIS, whether it is ``major'' or not. Conversely, a 
``major federal action'' without ``significant effects'' does not 
necessarily require an EIS.

[[Page 15332]]

Preparers

    Personnel from a variety of disciplines who write environmental 
documentation in clear and analytical prose. They are primarily 
responsible for the accuracy of the document.

Proponent

    Proponent identification depends on the nature and scope of a 
proposed action as follows:
    (1) Any Army structure may be a proponent. For instance, the 
installation/activity Facility Engineer (FE)/Director of Public 
Works becomes the proponent of installation-wide Military 
Construction Army (MCA) and Operations and Maintenance (O&M) 
Activity; Commanding General, TRADOC becomes the proponent of a 
change in initial entry training; and the Program Manager becomes 
the proponent for a major acquisition program. The proponent may or 
may not be the preparer.
    (2) In general, the proponent is the unit, element, or 
organization that is responsible for initiating and/or carrying out 
the proposed action. The proponent has the responsibility to prepare 
and/or secure funding for preparation of the environmental 
documentation.

Significantly Affecting the Environment

    The significance of an action's, program's, or project's effects 
must be evaluated in light of its context and intensity, as defined 
in 40 CFR 1508.27.

Section III--Special Abbreviations and Terms

    This part uses the following abbreviations, brevity codes or 
acronyms not contained in AR 310-50. These include use for 
electronic publishing media and computer terminology, as follows:
    WWW World Wide Web.

[FR Doc. 02-192 Filed 3-28-02; 8:45 am]
BILLING CODE 3710-08-P