[Federal Register Volume 74, Number 215 (Monday, November 9, 2009)]
[Rules and Regulations]
[Pages 57608-57612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26376]


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ARMED FORCES RETIREMENT HOME

38 CFR Part 200

[Docket No. AFRH 2009-01]
RIN 3030-ZA00


Compliance with the National Environmental Policy Act

AGENCY: Armed Forces Retirement Home.

ACTION: Final rule.

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SUMMARY: The Armed Forces Retirement Home (AFRH) has developed 
regulations establishing policy and assigning responsibilities for 
implementing the National Environmental Policy Act (NEPA) of 1969, 
related laws, executive orders, and regulations in the decision-making 
process of the AFRH. These regulations have been developed to comply 
with Section 103 of 42 U.S.C. 4321.

DATES: Effective November 9, 2009.

FOR FURTHER INFORMATION CONTACT: Joe Woo, Master Planner, (202) 730-
3445.

SUPPLEMENTARY INFORMATION: This rule is not a major rule for the 
purposes of Executive Order 12866. As required by the Regulatory 
Flexibility Act, AFRH certifies that these rules will not have a 
significant impact on small business entities.
    These rules set out environmental policy for the Armed Forces 
Retirement Home (AFRH) and provide direction for carrying out the 
procedural requirements of the National Environmental Policy Act. These 
regulations were developed to comply with Section 103 of 42 U.S.C. 
4321. These rules were published for public comment in the Federal 
Register (August 27, 2009, 74 FR 43649) and no comments were received.

List of Subjects in 38 CFR Part 200

    Armed forces, Environmental protection, Retirement.

0
For the reasons stated in the preamble, the Armed Forces Retirement 
Home (AFRH) establishes 38 CFR Chapter II consisting of Part 200 to 
read as follows:

CHAPTER II--ARMED FORCES RETIREMENT HOME

PART 200--COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT

Sec.
200.1 Purpose.
200.2 Background.
200.3 Responsibilities.
200.4 Implementation of NEPA and related authorities.
200.5 Coordination with other authorities.
200.6 Public involvement.
200.7 Cooperating agencies.
200.8 AFRH participation in NEPA compliance by other agencies.
Appendix A to Part 200--Categorical Exclusions
Appendix B to Part 200--The Action Requiring an Environmental 
Assessment
Appendix C to Part 200--Actions Requiring Environmental Impact 
Statement

    Authority: 24 U.S.C. 401, et seq.


Sec.  200.1  Purpose.

    These regulations set out AFRH environmental policy and provide 
direction for carrying out the procedural requirements of the National 
Environmental Policy Act (NEPA) and related legal authorities.


Sec.  200.2  Background.

    (a) The NEPA and the Council on Environmental Quality regulations 
implementing the procedural requirements of NEPA (40 CFR 1500 through 
1508, hereinafter, the CEQ regulations) require that each Federal 
agency consider the impact of its actions on the human environment and 
prescribe procedures to be followed. Other laws, executive orders, and 
regulations provide related direction. NEPA establishes and AFRH adopts 
as policy that as a Federal agency, AFRH will: Use all practicable 
means, consistent with other essential considerations of national 
policy, to improve and coordinate Federal plans, functions, programs, 
and resources to the end that the Nation may:
    (1) Fulfill the responsibilities of each generation as trustee of 
the environment for succeeding generations;
    (2) Assure for all Americans safe, healthful, productive, and 
esthetically and culturally pleasing surroundings;
    (3) Attain the widest range of beneficial uses of the environment 
without degradation, risk to health or safety, or other undesirable and 
unintended consequences;
    (4) Preserve important historic, cultural, and natural aspects of 
our national heritage, and maintain, wherever possible, an environment 
which supports diversity, and variety of individual choice;
    (5) Achieve a balance between population and resource use which 
will permit high standards of living and a wide sharing of life's 
amenities; and
    (6) Enhance the quality of renewable resources and approach the 
maximum attainable recycling of depletable resources.
    (b) As an important means of carrying out this policy, AFRH will 
analyze and consider the impacts of its proposed actions (activities, 
programs, projects, legislation) and any reasonable alternatives on the 
environment, and on the relationship of people with the environment. 
This analysis is to be undertaken early in planning any such action, as 
an aid to deciding whether the action will go forward, and if so how. 
Consideration must be given to reasonable alternative means of 
achieving the purpose and need for the proposed action, and to the 
alternative of not taking the proposed action. The analysis is to be 
completed, and used to inform the decision maker and make the public 
aware of the action's potential impacts, before the decision is made 
about whether and how to proceed with the action. Relevant 
environmental documents, comments, and responses regarding the proposal 
will accompany the proposal and be presented to the AFRH decision maker 
for their consideration.

[[Page 57609]]

    (c) NEPA also requires and AFRH will ensure that, to the fullest 
extent possible, analyses and consultations required by other 
environmental laws be coordinated with those required under NEPA, to 
reduce redundancy, paperwork, time, and cost.
    (d) The AFRH is an independent Federal agency that provides 
residence and related services for certain retired and former members 
of the Armed Forces. The AFRH has property in Washington, DC and 
Gulfport, MS.
    (e) This part contains AFRH's general policy regarding NEPA 
implementation and sets out AFRH procedures that supplement the CEQ 
regulations for meeting NEPA requirements. It also assigns 
responsibilities to the Chief Operating Officer (COO) for the AFRH and 
the Master Planner. These regulations provide further detail regarding 
the conduct of NEPA impact analyses.


Sec.  200.3  Responsibilities.

    (a) The COO is the AFRH NEPA official responsible for compliance 
with NEPA for AFRH actions. The COO also provides the AFRH's views on 
other agencies' environmental impact statements (EIS).
    (b) The Master Planner is the point of contact for information on: 
AFRH NEPA documents; NEPA oversight activities; and review of other 
agencies' EISs and NEPA documents.
    (c) The AFRH's assigned counsel is the point of contact for legal 
questions involving environmental matters.


Sec.  200.4  Implementation of NEPA and related authorities.

    (a) Classification of AFRH actions. (1) All AFRH proposed actions 
typically fall into one of the following three classes, in terms of 
requirements for review under NEPA: Categorical exclusions, 
environmental assessments, and environmental impact statements.
    (2) The Master Planner, is responsible for classifying proposed 
actions and undertaking the level of analysis, consultation, and review 
appropriate to each.
    (b) Categorical Exclusions (CATEX). (1) A categorical exclusion 
(CATEX) is a category of actions which do not individually or 
cumulatively have a significant effect on the human environment, except 
under extraordinary circumstances (42 CFR 1508.4). Because they lack 
the potential for effect, they do not require detailed analysis or 
documentation under NEPA.
    (i) Determining when to use a CATEX (screening criteria). To use a 
CATEX, the proponent must satisfy the following three screening 
conditions:
    (A) The action has not been segmented. Determine that the action 
has not been segmented to meet the definition of a CATEX. 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.
    (B) No exceptional circumstances exist. Determine if the action 
involves extraordinary circumstances that would preclude the use of a 
CATEX (see paragraphs (b)(1)(ii)(A) through (xiv) of this section).
    (C) One (or more) CATEX (See Appendix A to Part 200) encompasses 
the proposed action. Identify a CATEX (or multiple CATEXs) that 
potentially encompasses the proposed action. If no CATEX 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.
    (ii) Extraordinary circumstances that preclude the use of a CATEX 
are:
    (A) Reasonable likelihood of significant effects on public health, 
safety, or the environment.
    (B) Reasonable likelihood of significant environmental effects 
(direct, indirect, and cumulative).
    (C) Imposition of uncertain or unique environmental risks.
    (D) Greater scope or size than is normal for this category of 
action.
    (E) Reportable releases of hazardous or toxic substances as 
specified in 40 CFR part 302.
    (F) Releases of petroleum, oils, and lubricants, 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.
    (G) When a review of an action reveals that air emissions exceed de 
minimis levels or otherwise that a formal Clean Air Act conformity 
determination is required.
    (H) Reasonable likelihood of violating any Federal, State, or local 
law or requirements imposed for the protection of the environment.
    (I) Unresolved effect on environmentally sensitive resources, as 
defined in paragraph (b)(1)(iii) of this section.
    (J) Involving effects on the quality of the environment that are 
likely to be highly controversial.
    (K) Involving effects on the environment that are highly uncertain, 
involve unique or unknown risks, or are scientifically controversial.
    (L) Establishes a precedent (or makes decisions in principle) for 
future or subsequent actions that are reasonably likely to have a 
future significant effect.
    (M) 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.
    (N) Introduction/employment of unproven technology.
    (iii) 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 CATEX 
cannot be used. Environmentally sensitive resources include:
    (A) Listed or proposed Federally listed, threatened, or endangered 
species or their designated or proposed critical habitats.
    (B) Properties listed or eligible for listing on the National 
Register of Historic Places.
    (C) 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.
    (iv) The use of a CATEX 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 CATEX screening 
criteria.
    (v) For those CATEXs that require documentation, a brief (one to 
two sentences) presentation of conclusions reached during screening 
should be included with the checklist. Checklists may be obtained from 
the Master Planner at 3700 North Capitol Street, NW., Washington, DC 
20011.
    (2) AFRH recognizes two types of CATEX:
    (i) CATEX--does not require documentation unless the Master Planner 
determines that an extraordinary circumstance may exist, whereupon a 
CATEX--requires documentation must be prepared (see below). The 
likelihood of such a circumstance is judged to be so low that

[[Page 57610]]

no specific environmental document is typically required.
    (ii) CATEX--requires documentation that involves a cursory review 
to ensure that no extraordinary circumstances exist. For an action 
falling into such a category, a CATEX requiring documentation is 
completed to support a determination by the Master Planner, as to 
whether the action needs further review under NEPA. A CATEX 
documentation is developed and maintained by the Master Planner.
    (3) CATEXs requiring and not requiring documentation are listed in 
Appendix A of these regulations.
    (c) Environmental Assessment (EA). (1) An Environmental Assessment 
(EA) is a concise public document prepared by or on behalf of AFRH that 
assists AFRH in deciding whether or not there may be significant 
effects requiring a more detailed Environmental Impact Statement. 
Actions typically requiring preparation of an EA are found in Appendix 
B to Part 200.
    (2) The analysis required for an EA leads either to a Finding of No 
Significant Impact (FONSI) or a Notice of Intent (NOI) to prepare an 
Environmental Impact Statement. AFRH will prepare a FONSI in accordance 
with 40 CFR 1508.13, if the agency determines on the basis of the EA 
that there are no significant environmental effects and therefore, 
there is no need to prepare an Environmental Impact Statement. AFRH 
shall make the FONSI available to the affected public as specified in 
Sec.  1506.6. Under certain limited circumstances, AFRH shall make the 
finding of no significant impact available for public review for 30 
days before the agency makes its final determination whether to prepare 
an environmental impact statement and before the action may begin. The 
circumstances are:
    (i) The proposed action is, or is closely similar to, one which 
normally requires the preparation of an environmental impact statement;
    (ii) The nature of the proposed action is one without precedent; or
    (iii) There is controversy associated with the environmental 
effects of the proposed action.
    (d) Environmental Impact Statement (EIS). (1) An Environmental 
Impact Statement (EIS) is a detailed analysis and report, that presents 
the environmental effects of a proposed action and its reasonable 
alternatives. An EIS is prepared for any AFRH action that may have 
significant effects on the quality of the human environment. A Notice 
of Intent will be prepared and published in the Federal Register as 
soon as practicable after deciding to prepare an EIS. When a lengthy 
period of time will elapse between the decision to prepare the EIS and 
preparation of the EIS, the notice of intent should be published at a 
reasonable time prior to preparing the EIS.
    (2) Certain AFRH actions are likely to have significant effects on 
the quality of the human environment, and hence typically require an 
EIS. These classes of action are listed in Appendix C to Part 200.
    (3) When it appears that the action is likely to have significant 
effects on the quality of the human environment, AFRH will prepare an 
EIS. An action that typically requires an EIS is found in Appendix C to 
Part 200. An EA may be prepared to aid in deciding whether an EIS is 
needed, or the responsible official may decide to prepare an EIS 
without preparing an EA.
    (4) Direction for preparing, circulating, finalizing, and using an 
EIS in decision making is found in the CEQ Regulations (40 CFR Parts 
1500-1508).
    (e) Supplemental statements. If an EA or an EIS has been completed 
and the AFRH goes to implement the action, but no action has been taken 
within four years of the completion of the EA or EIS, the AFRH will 
review the document to determine if circumstances have changed that 
would warrant a supplement to the original document. A supplemental 
statement will be provided to the decision maker to inform the 
decisions on whether and how to proceed with the proposed action and be 
maintained with the previous EA or EIS and related records for the 
proposed action.
    (f) Using NEPA in decision making. (1) Compliance with NEPA and 
related authorities will begin at the earliest point in planning any 
action, when the widest reasonable range of alternatives is open for 
consideration.
    (2) The NEPA review process will be carried out in coordination 
with continued planning.
    (3) All personnel involved in planning actions should view NEPA 
review as part of effective planning, not as a mere documentation 
requirement.
    (4) Outside agencies, State and local governments, Indian Tribes, 
and the public will whenever practicable be afforded reasonable 
opportunities to participate in the NEPA process.
    (5) The results of NEPA review will be fully considered by each 
AFRH decision-maker before making a decision on an action subject to 
such review and the alternatives considered by the decision-maker will 
be encompassed within the range of alternatives for the action.
    (6) AFRH will ensure relevant environmental documents, comments, 
and responses are part of the record in formal rulemaking or 
adjudicatory proceedings.
    (7) Executives and other employees responsible for aspects of NEPA 
review will be held accountable for the performance of such 
responsibilities, through performance reviews and other administrative 
mechanisms.


Sec.  200.5  Coordination with other authorities.

    (a) To the maximum extent feasible, NEPA review shall be 
coordinated with review of proposed actions under other environmental 
legal authorities, including but not limited to the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA); the 
National Historic Preservation Act (NHPA); the Endangered Species Act 
(ESA); Executive Orders 11988, 11990, and 13006; and other applicable 
authorities.
    (b) In effecting such coordination, responsible AFRH officials will 
ensure that the substantive and procedural requirements of other 
environmental authorities are met, together with the requirements of 
NEPA. It will be explicitly understood that compliance with NEPA does 
not substitute for compliance with other environmental authorities, nor 
does compliance with such other authority substitute for compliance 
with NEPA.


Sec.  200.6  Public involvement.

    (a) As part of its system for NEPA compliance, the COO and the 
Master Planner shall provide for levels and kinds of public involvement 
appropriate to the proposed action and its likely effects.
    (b) Where a related authority provides specific procedures for 
public involvement, the responsible AFRH official shall ensure that 
such procedures where practicable in the process of NEPA review.
    (c) Public involvement in the AFRH NEPA process shall have as its 
purpose the full disclosure of AFRH actions and alternatives to the 
public, within the constraints of AFRH program authorities, and giving 
the public a full opportunity to comment on the environmental effects 
of AFRH proposals.
    (d) Pursuant to Executive Order 12898, special efforts will be made 
to involve members of potentially affected low-income and minority 
communities in NEPA review and decision-making. Such efforts may 
include, but are not limited to, special programs of community 
outreach, including cross-

[[Page 57611]]

cultural programs, translations of pertinent documents, and ensuring 
that translators are available at public meetings.
    (e) Information pertaining to AFRH actions and/or NEPA 
documentation can be obtained through the Master Planner at 3700 North 
Capital Street, NW, Washington, DC 20011.


Sec.  200.7  Cooperating agencies.

    (a) Federal agencies with jurisdiction by law will be invited to 
serve as cooperating agencies and Federal agencies with special 
expertise may be invited to serve as cooperating agencies in the 
conduct of NEPA review of an AFRH proposed action.
    (b) The responsible AFRH official will invite other Tribal, State, 
and local agencies to serve as cooperating agencies with subject matter 
jurisdiction or special expertise in the conduct of NEPA review of an 
AFRH proposed action.


Sec.  200.8  AFRH participation in NEPA compliance by other agencies.

    (a) AFRH may participate in the NEPA process as a cooperating 
agency for another lead agency's project, or as a commenter/reviewer of 
another agency's NEPA document. AFRH may also participate in 
environmental studies carried out by non-Federal parties (for example, 
a local government conducting studies under a State environmental 
policy law) where such studies are relevant to AFRH's interests or may 
be incorporated by AFRH into its own studies under NEPA. Where AFRH 
will be responsible for a decision on a project that is the subject of 
such a study, and has the authority to do so, AFRH will ensure that the 
study and its resulting documents meet the standards set forth in these 
regulations in coordination with the COO.
    (b) As a cooperating agency, AFRH participates in the NEPA process 
as requested by the lead agency, in accordance with 40 CFR 1501.6 of 
the CEQ regulations. Tasks may include participating in meetings and 
providing specific information relevant to the matters over which it 
has jurisdiction by law or expertise.
    (c) AFRH comments shall be prepared in consultation with, or by, 
the Master Planner.
    (d) The responsible AFRH official may provide comments and/or 
reviews of another agency's NEPA documents, and/or other Federal and 
State environmental documents.
    (e) AFRH comments shall be provided in accordance with 40 CFR 
1503.3.

Appendix A to Part 200--Categorical Exclusions

A.1 Purpose

    The purpose of Categorical Exclusions (CATEXs) is to limit 
extensive NEPA analysis to those actions that may be major Federal 
actions significantly affecting the quality of the human 
environment, thus saving time, effort, and taxpayer dollars.

A.2 Definition

    An action is categorically excluded from the requirement to 
prepare an EA or an EIS if it meets the following definition:
    ``Categorical exclusion'' means a category of actions which do 
not individually or cumulatively have a significant effect on the 
human environment and which have been found to have no such effect 
in procedures adopted by a Federal agency in implementation of these 
regulations and for which, therefore, neither an environmental 
assessment nor an environmental impact statement is required. An 
agency may decide in its procedures or otherwise, to prepare 
environmental assessments for the reasons stated in Sec.  1508.9 
even though it is not required to do so. Any procedures under this 
section shall provide for extraordinary circumstances in which a 
normally excluded action may have a significant environmental 
effect. (40 CFR 1508.4)
    AFRH has identified two types of CATEXs: (1) The CATEX, which 
does not require documentation and requires completion of an 
environmental checklist.

A.3 CATEXs--Requires No Documentation

    The following CATEXs require no documentation.
    A.3(a) Granting a lease (i.e., outlease), an easement, license, 
permit (i.e., licenses to Federal entities), or other arrangements 
for Federal or non-Federal use of AFRH controlled real property, 
where such use will remain substantially the same in scope and 
intensity.
    A.3(b) Extensions or renewals of leases, licenses or permits 
(i.e., licenses to Federal entities) or succeeding leases, 
easements, licenses or permits whether AFRH is acting as grantor or 
grantee and there is no change in use of the facility.
    A.3(c) Repair and alteration projects involving, but not 
adversely affecting, properties listed on or eligible for the 
National Register of Historic Places.
    A.3(d) Repair to or replacement in kind of equipment or 
components in AFRH-controlled facilities without change in location, 
e.g. HVAC, electrical distribution systems, windows, doors or roof.
    A.3(e) Disposal or other disposition of claimed or unclaimed 
personal property of deceased persons.
    A.3(f) Supportive services that include health care and housing 
services, permanent housing placement, day care, nutritional 
services, collection of payment for services, short-term payments 
for rent/mortgage/utility costs, and assistance in gaining access to 
local, State, and Federal government benefits and services.
    A.3(g) Normal personnel, fiscal, and administrative activities 
involving civilian personnel (recruiting, processing, paying, and 
records keeping).
    A.3(h) Routine or minor facility maintenance, custodial, and 
groundskeeping activities such as window washing, lawn mowing, trash 
collecting, and snow removal that do not involve environmentally 
sensitive areas (such as eroded areas, wetlands, cultural sites, or 
areas with endangered/threatened species).
    A.3(i) Environmental Site Assessment activities under RCRA and 
CERCLA;
    A.3(j) Geological, geophysical, geochemical, and engineering 
surveys and mapping, including the establishment of survey marks;
    A.3(k) Installation and operation of ambient air and noise 
monitoring equipment that does not include constructing or erecting 
towers;
    A.3(l) 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.
    A.3(m) Routine movement/relocations of residents on site.

A.4 CATEXs Requiring Documentation

    The following are categorical exclusions that require 
preparation of a checklist to ensure that no extraordinary 
circumstances exist that would require preparation of an EA or EIS. 
Checklists may be obtained from the Master Planner at 3700 North 
Capitol Street, NW., Washington, DC 20011.
    A.4(a) Expansion or improvement of an existing facility where 
all of the following conditions are met:
    A.4(a)(1) The structure and proposed use are substantially in 
compliance with local planning and zoning and any applicable State 
or Federal requirements;
    A.4(a)(2) The proposed use will only slightly increase the 
number of motor vehicles at the facility;
    A.4(a)(3) The site and the scale of construction are consistent 
with those of existing adjacent or nearby buildings; and
    A.4(a)(4) There is no evidence of environmental controversy.
    A.4(b) Transfer or disposal of real property to State or local 
agencies for preservation or protection of wildlife conservation and 
historic monument purposes.
    A.4(c) Disposal of fixtures, related personal property, 
demountable structures, and transmission lines in accordance with 
management requirements.
    A.4(d) Disposal of properties where the size, area, topography, 
and zoning are similar to existing surrounding properties and/or 
where current and reasonable anticipated uses are or would be 
similar to current surrounding uses (e.g., commercial store in a 
commercial strip, warehouse in an urban complex, office building in 
downtown area, row house or vacant lot in an urban area).
    A.4(e) Demolition, removal and disposal of debris from the 
demolition or improvement of buildings and other structures neither 
on nor eligible for listing on the National Register of Historic 
Places and when under applicable regulations (i.e., removal of 
asbestos, polychlorinated biphenyls (PCBs),

[[Page 57612]]

and other hazardous material) when other environmental laws and 
regulations will be satisfied prior to the of demolition, removal 
and disposal.
    A.4(f) Relocations and realignments of employees and/or 
residents from one geographic area to another that: Fall below the 
thresholds for reportable actions and do not involve related 
activities such as construction, renovation, or demolition 
activities that would otherwise require an EA or an EIS to 
impellent. This includes reorganization and reassignments with no 
changes in employee and/or resident status, and routine 
administrative reorganizations and consolidations.

Appendix B to Part 200--The Action Requiring an Environmental 
Assessment

    The following actions are not considered to be major Federal 
actions significantly affecting the quality of the human environment 
and, therefore, require an Environmental Impact Statement (EIS) nor 
are considered a categorical exclusion as defined in these 
regulations and would require the preparation of an Environmental 
Assessment (EA):
    B.1 Construction on previously disturbed property where there is 
the potential for an increase in traffic and people.

Appendix C to Part 200--Actions Requiring Environmental Impact 
Statement

    The following actions are considered to be major Federal actions 
significantly affecting the quality of the human environment, and 
therefore must be the subjects of EIS, as indicates may have 
significant environmental effects:
    C.1 Acquisition of space by Federal construction or lease 
construction, or expansion or improvement of an existing facility, 
where one or more of the following applies:
    C.1(a) The structure and/or proposed use are not substantially 
consistent with local planning and zoning or any applicable State or 
Federal requirements.
    C.1(b) The proposed use will substantially increase the number 
of motor vehicles at the facility.
    C.1(c) The site and scale of construction are not consistent 
with those of existing adjacent or nearby buildings.
    C.1(d) There is evidence of current or potential environmental 
controversy.
    C.2 Space acquisition programs projected for a substantial 
geographical area (e.g., a metropolitan area) for a 3-to-5-year 
period or greater (Note: a Programmatic EIS is often appropriate 
here, from which subsequent EISs and EAs can be tiered).

    Dated: October 28, 2009.
Timothy Cox,
Chief Operating Officer.
[FR Doc. E9-26376 Filed 11-6-09; 8:45 am]
BILLING CODE 8250-01-P