[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Notices]
[Pages 27107-27122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10376]



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DEPARTMENT OF DEFENSE OFFICE OF THE SECRETARY

[Docket ID: DOD-2016-OS-0056]


National Environmental Policy Act Implementing Procedures

AGENCY: Defense Threat Reduction Agency/USSTRATCOM Center for Combating 
Weapons of Mass Destruction, Department of Defense.

ACTION: Proposed guidance with a request for comment.

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SUMMARY: The Defense Threat Reduction Agency/USSTRATCOM Center for 
Combating Weapons of Mass Destruction (DTRA/SCC-WMD or the Agency) 
proposes to issue procedures to implement the National Environmental 
Policy Act (NEPA), Executive Order (E.O.) 11514, and Council on 
Environmental Quality (CEQ) regulations for implementing the procedural 
provisions of NEPA. Pursuant to CEQ regulations at 40 CFR 1507.3(a), 
the DTRA/SCC-WMD is soliciting comments on its proposed procedures.

DATES: DTRA/SCC-WMD is providing a 30-day public review period. 
Comments must be received by June 6, 2016.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate of Oversight and Compliance, 4800 Mark 
Center Drive, Mailbox #24, Alexandria, VA 22350-1700.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Sherry Davis, Director, 
Environment, Safety, and Occupational Health Department, at (703) 767-
7122 or by email at [email protected].

SUPPLEMENTARY INFORMATION: DTRA/SCC-WMD is a combat support agency that 
counters weapons of mass destruction (WMD). DTRA/SCC-WMD keeps WMD out 
of the hands of terrorists and other enemies by locking down, 
monitoring, and destroying weapons and weapons-related material, 
assists with plans and responses to WMD events, and develops and 
delivers cutting-edge technologies to assist with these endeavors.
    As a Department of Defense (DoD) agency, the DTRA/SCC-WMD does not 
own real property. Most agency actions typically occur on host military 
service installations or ranges, or other Federal agency properties. 
DTRA/SCC-WMD formerly relied upon host installation NEPA implementing 
procedures, including categorical exclusions to address potential 
environmental impacts of agency actions. With the issuance of CEQ 
guidance ``Establishing, Applying, and Revising Categorical Exclusions 
under the National Environmental Policy Act'' (Nov. 23, 2010) and after 
consulting with CEQ and other similar DoD components, DTRA/SCC-WMD 
determined the need to establish NEPA implementing procedures and 
categorical exclusions specific to DTRA/SCC-WMD projects and actions. 
The information assembled while developing categorical exclusions is 
described in the ``DTRA/SCC-WMD Administrative Record for Supporting 
Categorical Exclusions'' and is available on the DTRA/SCC-WMD Web site 
at: http://www.dtra.mil/Home/NEPA.aspx.
    The proposed categorical exclusions describe the categories of 
actions that DTRA/SCC-WMD determined to normally not individually or 
cumulatively have significant impact on the environment. These and the 
other proposed implementing procedures will serve as the agency's guide 
for complying with the requirements of NEPA for DTRA/SCC-WMD actions.
    The text of the complete proposed DTRA/SCC-WMD NEPA implementing 
procedures can be found on the DTRA/SCC-WMD Web site at: http://www.dtra.mil/Home/NEPA.aspx and in this document.

    Dated: April 28, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

Table of Contents

1. Purpose
2. Applicability
3. Policy
4. Responsibilities
5. Environmental Planning & Analysis
    (a) Record of Environmental Review
    (b) Categorical Exclusion (CATEX)
    (c) Environmental Assessment (EA)
    (d) Finding of No Significant Impact (FONSI)
    (e) Environmental Impact Statement (EIS)
    (f) Record of Decision (ROD)
6. Mitigation and Monitoring
7. Subsequent Analyses
    (a) Tiering and Programmatic Review
    (b) Supplemental EAs/EISs
    (c) Adoption of EAs/EISs
8. Actions on Host Installations/Actions Abroad
    (a) Actions on Host Installations
    (b) Actions Occurring Abroad
9. Classified Actions
10. Administrative Record
11. Glossary
    (a) Abbreviations and Acronyms
    (b) Definitions
Appendix A: The NEPA Process
Appendix B: Categorical Exclusions (CATEXs)
Appendix C: Record of Environmental Consideration (REC)
Appendix D: Notice of Intent (NOI)
Appendix E: Notice of Availability (NOA)
Appendix F: Record of Decision (ROD)

Defense Threat Reduction Agency/Usstratcom Center for Combating Weapons 
of Mass Destruction NEPA Implementing Procedures

1. Purpose

    Pursuant to DTRA/SCC-WMD Instruction 4715.5, ``Environmental 
Compliance'' (Aug. 22, 2014), this guide identifies requirements and 
provides procedures for implementing the provisions of the National 
Environmental Policy Act (NEPA) in accordance with Council on 
Environmental Quality Regulations for Implementing the Procedural 
Provisions of the National Environmental Policy Act, 40 CFR parts 1500-
1508, and E.O. 12114, ``Environmental Effects Abroad of Major Federal 
Actions'' (Jan. 4, 1979). It supplements 40 CFR parts 1500-1508 and 
E.O. 12114 by establishing policy, responsibilities, and procedures for 
fully considering environmental consequences of proposed actions, 
preparing necessary documentation for actions with the potential for 
significant environmental impact, and demonstrating transparency in 
decision-making. DTRA/SCC-WMD does not own real property or undertake 
projects or programs where actions are planned or funded by private 
applicants or other non-Federal entities. Therefore, this guide does 
not include provisions to account for such actions.

2. Applicability

    The requirements and procedures of this guide apply to all entities 
of DTRA/SCC-WMD and its executing agents.

3. Policy

    It is DTRA/SCC-WMD policy to:
    (a) Integrate environmental consideration into all Agency/Center 
activities at the earliest possible planning stage, make decisions 
considering environmental consequences, assess a range of reasonable 
alternative actions, and take

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actions that protect, restore, and enhance the environment.
    (b) Prepare all necessary documentation required under NEPA and 40 
CFR parts 1500-1508 whenever acting as the proponent or lead agency for 
a proposed action that has the potential for significant environmental 
impact.
    (c) Serve as a cooperating agency for activities in which DTRA/SCC-
WMD participates but is not the proponent or lead agency and provide 
full cooperation and necessary technical expertise and documentation to 
the lead agency as requested.
    (d) Use programmatic and tiered analyses, when possible, to 
eliminate redundancies in future project/program analyses, effectively 
evaluate cumulative environmental effects, and reduce mission delays.
    (e) Periodically (at least every 7 years) review the effectiveness 
of its NEPA procedures including responsibilities, implementing 
procedures, and categorical exclusions (CATEXs), and when new 
information or circumstances warrant, review the currency of existing 
Programmatic Environmental Impact Statements (EISs) and Programmatic 
Environmental Assessments (EAs).
    (f) Involve the public in preparing and executing its NEPA 
procedures, and publish NEPA implementing procedures, CATEXs, and other 
relevant NEPA documentation as appropriate on the DTRA/SCC-WMD public 
Web site.
    (g) Prepare NEPA documentation and procedures that are written in 
plain language so that decision-makers and the public can readily 
understand them.
    (h) To the fullest extent possible, integrate NEPA requirements 
with other environmental review and consultation requirements 
including, but not limited to, Clean Water Act, Clean Air Act, 
Endangered Species Act, National Historic Preservation Act, Resource 
Conservation and Recovery Act, and Comprehensive Environmental 
Response, Compensation, and Liability Act.
    (i) Eliminate duplication with State and local procedures by 
providing for, as appropriate, joint planning processes and, where 
appropriate, joint preparation of NEPA reviews (analyses and 
documentation).
    (j) Eliminate duplication with other Federal procedures by jointly 
preparing NEPA reviews, or adopting other agencies' EAs and EISs, or 
incorporating by reference material into an EA or EIS where 
appropriate.
    (k) Comply with host installation NEPA requirements in addition to 
the requirements set forth in this guide. Equivalent host installation 
documentation may be used to satisfy DTRA/SCC-WMD documentation 
requirements.

4. Responsibilities

(a) Director, DTRA/SCC-WMD (J0)

    The J0 has final approval and signature authority of EIS Records of 
Decision (RODs) generated by DTRA/SCC-WMD or its contractors. This 
authority may be delegated as deemed appropriate by the J0.

(b) Joint Director (JDIR), Acquisition, Finance, and Logistics (J4/8C)

    The JDIR, J4/8C monitors the effective implementation of these 
procedures through the Director, Environment, Safety, and Occupational 
Health (ESOH) Department (J4E) and hereby appoints the Director, J4E as 
the principal Agency/Center advisor on NEPA-related requirements.

(c) Director, J4E

    The Director, J4E as the principal Agency advisor on NEPA-related 
requirements:
    (1) Provides guidance to Project/Program Managers as necessary on 
the requirements in this guide and maintains direct oversight of the 
NEPA process.
    (2) Reviews project proposals to determine NEPA applicability and 
requirements, and provides qualified personnel to support Project/
Program Managers with NEPA compliance.
    (3) Performs environmental compliance reviews of EISs/RODs, EAs/
Findings of No Significant Impact (FONSIs), and Records of 
Environmental Consideration (RECs) generated by DTRA/SCC-WMD or its 
contractors and provides initial approval by signature as the 
compliance authority.
    (4) When DTRA/SCC-WMD serves as a cooperating agency for activities 
in which it participates but is not the proponent or lead, reviews and 
approves NEPA documents as requested by the lead agency.
    (5) Maintains an organized administrative record of all NEPA 
documents generated by DTRA/SCC-WMD or its contractors, including 
documentation supporting Agency/Center CATEXs.
    (6) Represents DTRA/SCC-WMD in NEPA-related matters with external 
organizations.
    (7) Ensures required NEPA mitigation measures are documented in the 
administrative record, performed, and monitored.

(d) Office of the General Counsel (J0GC)

    The J0GC provides a legal review of EISs, RODs, EAs, and FONSIs 
generated by DTRA/SCC-WMD or its contractors.

(e) Governmental and Public Affairs Office (J0XG)

    The J0XG:
    (1) Assists Project/Program Managers with engaging the public for 
scoping meetings, accepting comments, providing adjudications, outreach 
efforts, and other related interactions.
    (2) Coordinates the public release of DTRA/SCC-WMD NEPA 
documentation using various mediums including local newspapers, DTRA/
SCC-WMD's public Web sites, and the Federal Register (FR).
    (3) Approves, signs, and publishes Notices of Intent (NOI) and 
Notices of Availability (NOA).

(f) Directorate JDIRs/Staff Office Chiefs/SCC-WMD Divisions

    The Directorate JDIRS/Staff Office Chiefs/SCC-WMD Divisions:
    (1) Integrate environmental considerations early in the planning 
stages of all Directorate/Staff Office/SCC-WMD Division activities with 
adequate time to ensure NEPA requirements can be met.
    (2) Provide project proposals to the Director, J4E for any planned 
DTRA/SCC-WMD activity with potential for environmental impact.
    (3) Provide necessary funding to satisfy NEPA requirements for 
Directorate/Staff Office/SCC-WMD Division activities subject to 
compliance.

5. Environmental Planning & Analysis

(a) Record of Environmental Review

    (1) A flowchart outlining the general NEPA process can be found in 
Appendix A.
    (2) As early in the planning process as possible, the Project/
Program Manager of a proposed action must provide to the J4E a project 
proposal by completing the top section of a REC (found in Appendix C 
and the ESOH Team Site at: https://dtra1/j4-8c/j4e/default.aspx) with 
information regarding the scope of the activity.
    (3) A REC is used to document the environmental analysis for an 
activity. The REC could indicate that a CATEX applies and there are no 
extraordinary circumstances requiring further analysis; that the 
activity is covered under a previous analysis (EA/EIS) and further 
analysis is not required, or that additional analysis is needed (EA/
EIS).
    (4) Based on conclusions of the initial environmental analysis, 
additional

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analysis may be required. Project/Program Managers must also comply 
with other applicable statutory or regulatory requirements set out in 
DTRA/SCC-WMD Instruction 4715.5, including but not limited to 
environmental permits, consultations, and approvals such as those 
required for actions affecting federally-listed threatened or 
endangered species or their designated critical habitat, historic and 
cultural preservation, safe drinking water requirements, as well as 
other applicable state, DoD, or local regulatory requirements.

(b) Categorical Exclusion (CATEX)

    (1) A CATEX is a category of Agency/Center actions which have been 
determined to normally not individually or cumulatively have 
significant impact on the environment and therefore neither an EA nor 
EIS is required. Project/Program Managers may use a CATEX for a 
proposed action with approval from the J4E when there are no 
extraordinary circumstances that warrant further analysis in an EA or 
EIS. (i) A list of approved CATEXs can be found in Appendix B. DTRA/
SCC-WMD must not use a CATEX that is not listed in the appendix. 
Proposals for additional CATEXs must be submitted to and approved by 
the J4E and CEQ, be reviewed through a public comment period, and be 
supported by appropriate substantiating documentation such as an EA/
FONSI, impact demonstration projects, or information from professional 
staff, expert opinions, and scientific analyses. (ii) Extraordinary 
circumstances are also listed in Appendix B following the list of 
CATEXs.
    (2) If a CATEX applies, the J4E will document use of the specific 
CATEX on the REC, and the action may proceed. The REC should document 
any determination and conclusion where the issue of whether an 
extraordinary circumstance requires further review has been resolved. 
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: (i) 
``U.S. Fish and Wildlife Service concurred in informal coordination 
that endangered or threatened species will not be adversely affected.'' 
(ii) ``Corps of Engineers determined action is covered by nationwide 
general permit.'' (iii) ``State Historic Preservation Officer concurred 
with action.'' (iv) ``State Department of Natural Resources concurred 
that no adverse effects to state sensitive species are expected.''
    (3) If a CATEX does not apply, either by not including the proposed 
action or due to extraordinary circumstances, and the action is not 
covered under an existing document, then an EA or EIS must be prepared 
unless the proposed action is not further considered.
    (4) To use a CATEX, the proponent must satisfy the following three 
screening conditions: (i) The action has not been segmented. Determine 
that the proposed action has not been segmented to meet the definition 
of a CATEX and fits within the category of actions described in the 
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 actions, 
and the effects when applying extraordinary circumstances must consider 
cumulative impacts. (ii) No exceptional circumstances exist. Determine 
if the action involves extraordinary circumstances that would preclude 
the use of a CATEX (see Appendix B). (iii) One CATEX encompasses the 
proposed action. Identify a CATEX that encompasses the proposed action 
(see Appendix B). If multiple CATEXs could be applicable, proceed when 
it is clear that the entire proposed action is covered by one CATEX. 
Any limitation in any potentially applicable CATEX should be considered 
when determining whether it is appropriate to proceed without further 
analysis in an EA or EIS.

(c) Environmental Assessment (EA)

    (1) An EA is a concise public document used to provide sufficient 
evidence and analysis for determining whether to prepare an EIS or 
FONSI or to comply with NEPA when an EIS is not necessary.
    (2) The EA must include, at a minimum, the following: (i) Cover 
page, which identifies the proposed action and the geographic location. 
(ii) Purpose and need for the proposed action or activity. (iii) 
Description of the proposed action with sufficient detail in terms that 
are understandable to readers that are not familiar with DTRA/SCC-WMD 
activities. (iv) Discussion of alternative actions considered, 
including the preferred action and a ``no action'' alternative. There 
is no requirement for a specific number of alternatives or a specific 
range of alternatives to be included in an EA. An EA may limit the 
range of alternatives to the proposed action and no action when there 
are no unresolved conflicts concerning alternative uses of available 
resources. For alternatives considered but eliminated from further 
study, the EA should briefly explain why these were eliminated. (v) 
Description of the affected environment. (vi) Analysis of the potential 
environmental impacts of the proposed action and alternatives. The EA 
must discuss, in comparative form, the reasonably foreseeable 
environmental impacts of the proposed action, the no action 
alternative, and any other reasonable alternatives necessary to address 
unresolved conflicts concerning the alternative use of resources. The 
discussion of environmental impacts must focus on substantive issues 
and provide sufficient evidence and analysis to support a FONSI unless 
a determination to prepare an EIS is made. (vii) Identification of any 
permits, licenses, approvals, reviews, or applicable special purpose 
laws. Although the NEPA process does not preclude separate compliance 
with these other requirements, DTRA/SCC-WMD will integrate applicable 
environmental review, consultation, and public involvement requirements 
under special purpose laws and requirements into its NEPA planning and 
documentation to reduce paperwork and delay. (viii) List of preparers, 
agencies, and persons consulted. (ix) Signature of the preparer(s) and 
the Director, J4E. (x) References and appendices. The appendices may 
include: (A) References that support statements and conclusions in the 
body of the EA, including methodologies used. Proper citations and, 
when available, hyperlinks to reference materials should be provided; 
(B) Evidence of coordination or required consultation with affected 
Federal, state, tribal, and local officials and copies or a summary of 
their comments or recommendations and the responses to such comments 
and recommendations; and (C) A summary of public involvement, including 
a summary of issues raised at any public hearing or public meeting.
    (3) The analysis of potential environmental impacts (item 
(c)(2)(vi) above) will include an assessment of the direct, indirect, 
and cumulative impacts that can reasonably be expected from taking the 
proposed action or alternatives, and the analysis should address 
substantive comments raised by interested Federal agencies, non-Federal 
agencies, and private parties. (i) When direct or indirect impacts 
exist, the EA must consider cumulative impacts.

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Cumulative impacts are impacts on the environment resulting from the 
incremental impact of the action when added to other past, present, and 
reasonably foreseeable future actions. (ii) Actions by Federal 
agencies, non-Federal agencies, and private parties must be included 
when considering cumulative impacts.
    (4) DTRA/SCC-WMD must coordinate, as appropriate, preparation of 
the EA with other agencies (Federal, state, local, or tribal 
governments) when the action involves resources they manage or protect, 
and will invite agencies with jurisdiction by law or with special 
expertise to participate as cooperating agencies. (i) Agencies with 
jurisdiction by law are those with the authority to grant permits for 
implementing actions, approve or veto portions of the proposed action, 
or finance a portion of the proposed action. Federal agencies with 
jurisdiction by law must be a cooperating agency. Non-federal agencies 
may be invited. (ii) Agencies with special expertise are those that 
have the expertise needed to help meet a statutory responsibility, to 
carry out in part the DTRA/SCC-WMD mission, or in the proposed actions' 
relationship to the objectives of regional, state, or local land use 
plans, policies, and controls. Federal and non-federal agencies may be 
invited.
    (5) DTRA/SCC-WMD must involve the public, to the extent 
practicable, in preparing EAs. (i) The appropriate level of involvement 
will vary based on the proposed action. A public scoping meeting, as 
described in 40 CFR 1501.7, is not required for an EA but is optional. 
Scoping can be particularly useful when an EA deals with uncertainty or 
controversy regarding potential conflicts over the use of resources or 
the environmental impacts of the proposed actions. The scoping process 
can provide a transparent way to identify environmental issues, 
focusing the analysis on the most pertinent issues and impacts. (ii) A 
draft EA should be circulated for 30 days of public comment and, if 
applicable, with the unsigned proposed FONSI, per paragraph (d)(7) of 
the FONSI provisions below. The length of comment period may be 
adjusted based on mission requirements.
    (6) DTRA/SCC-WMD will use the conclusions of an EA to determine 
whether to issue a FONSI or an NOI to prepare an EIS (found in Appendix 
D and on the ESOH Team Site at: https://dtra1/j4-8c/j4e/default.aspx).

(d) Finding of No Significant Impact (FONSI)

    (1) A FONSI is a document that briefly presents the reasons why a 
proposed action will not have a significant effect on the human 
environment and for which an EIS therefore will not be prepared. It 
must include the EA or a summary of it and note any other environmental 
documents related to it.
    (2) Mitigated FONSIs are appropriate where the J4E and Project/
Program Manager, or other decision-maker for the project/program 
determine that mitigation measures can reduce potentially significant 
adverse impacts below the level of significance. These mitigation 
measures may be used to support a FONSI, provided that: (i) The 
relevant areas of environmental concern are identified in the EA; (ii) 
The EA supports the Agency's determination that the potential impacts, 
including the impacts of any mitigation commitments, will be 
insignificant; and (iii) The Agency has identified mitigation measures 
that will be sufficient to reduce potential impacts below applicable 
significance thresholds and has ensured commitments to implement these 
measures.
    (3) Mitigation that is used to support a mitigated FONSI must be 
included as a condition of project approval. In these cases, if DTRA/
SCC-WMD's decision to act is not otherwise evidenced by a final 
decision document such as a rule, license, or approval, the J4E and the 
Project Manager or other decision-maker for the project/program must 
document the decision in the conclusion of the FONSI. The decision must 
identify those mitigation measures DTRA/SCC-WMD is adopting and 
identify any monitoring and enforcement program applicable to such 
measures (see Section 6: Mitigation and Monitoring).
    (4) A FONSI or Mitigated FONSI must document, in plain writing, the 
reasons why an action, not otherwise categorically excluded, would not 
have a significant impact on the human environment. The FONSI documents 
the basis for the determination that the proposed action would not have 
significant environmental impacts and the decision to implement the 
proposed action. The FONSI may be attached to an EA, or the EA and 
FONSI may be combined into a single document. If the FONSI is attached 
or combined with the EA, it need not repeat the discussion in the EA. 
If the FONSI is not attached or combined with the EA, the FONSI must 
include a summary of the EA and note any other environmental documents 
related to it. The FONSI must: (i) Briefly describe the proposed 
action, the purpose and need, and the alternatives considered 
(including the no action alternative), and assess and document all 
relevant matters necessary to support the conclusion that the proposed 
action would not significantly affect the quality of the human 
environment; (ii) Determine the proposed action's consistency or 
inconsistency with community planning, and document the basis for the 
determination; (iii) Present any mitigation measures that are a 
condition of project approval. The FONSI should also reflect 
coordination of mitigation commitments (including any applicable 
monitoring program) with, and consent and commitment from, those 
entities with the authority to implement specific mitigation measures 
committed to in the FONSI; and (iv) Reflect compliance with all 
applicable environmental requirements, including interagency and 
intergovernmental coordination and consultation, public involvement, 
and documentation requirements. Findings and determinations required 
under special purpose laws and requirements, regulations, and orders, 
if not made in the EA, must be included in the FONSI. (v) If the FONSI 
is prepared following adoption of all or part of another agency's NEPA 
document, the FONSI must identify the part(s) of the document being 
adopted and include documentation of DTRA/SCC-WMD's independent 
evaluation of the document.
    (5) All FONSIs must include the following approval statement: After 
careful and thorough consideration of the facts contained herein, the 
undersigned finds that the proposed Federal action is consistent with 
existing national environmental policies and objectives as set forth in 
Section 101 of NEPA and other applicable environmental requirements and 
will not significantly affect the quality of the human environment.

APPROVED:--------------------------------------------------------------
DATE:------------------------------------------------------------------

    (6) Following preparation of the FONSI, the Project/Program Manager 
reviews and signs the FONSI. Issuance of a FONSI signifies that DTRA/
SCC-WMD will not prepare an EIS and has completed the NEPA process for 
the proposed action. Following the approval of a FONSI, the Project/
Program Manager may decide whether to take or approve the proposed 
action. Mitigation measures that were made as a condition of approval 
of the FONSI must be incorporated in the decision to implement the 
action.

[[Page 27111]]

    (7) The J0XG in coordination with the Project/Program Manager will 
publish an NOA (found in Appendix E and on the ESOH Team Site at: 
https://dtra1/j4-8c/j4e/default.aspx) with local media to open a 30-day 
public comment period for the final draft EA and unsigned proposed 
FONSI. For actions with national interest, J0XG shall also publish the 
NOA in the FR. The length of comment period may be adjusted based on 
mission requirements.
    (8) After closure of the public comment period, the Project/Program 
Manager in coordination with the J4E will adjudicate the comments 
received and update the EA as necessary. The Project/Program Manager in 
coordination with the J4E will decide to prepare an EIS, or terminate 
the proposed action.
    (9) Upon completing the adjudication, the final FONSI will be 
signed by the J4E and Project/Program Manager or other decision-maker 
for the project/program, and the action may proceed.
    (10) The J0XG will make the final EA and signed FONSI available to 
the public and post on DTRA/SCC-WMD's public Web site. (i) A copy of 
the FONSI and EA should be sent to reviewing agencies and organizations 
or individuals who made substantive comments or specifically requested 
copies. (ii) When a project involves a resource protected under a 
special purpose law or requirement, or other directive, the J0XG will 
send a signed copy of the FONSI and the EA supporting it to the 
agency(ies) with whom DTRA/SCC-WMD consulted to comply with the 
applicable law or directive and to any party requesting copies of those 
documents.

(e) Environmental Impact Statement (EIS)

    (1) When a proposed action has the potential for significant 
environmental impact or when an EA does not result in a FONSI, an EIS 
will be prepared to examine the potential impacts of the proposed 
action, reasonable alternatives, and measures to mitigate those 
effects.
    (2) Prior to preparing an EIS, the Project/Program Manager in 
coordination with J0XG will publish an NOI (Appendix D) in the FR to 
initiate preparation of the EIS. (i) The NOI includes an overview of 
the proposed action, any reasonable alternatives being considered 
(including no action), and known potential environmental impacts 
associated with the action. If the NOI is also used to satisfy public 
notice and comment requirements of other environmental requirements in 
addition to NEPA that are applicable to the proposed action, the NOI 
should include a statement to that effect with a reference to the 
applicable laws, regulations, or Executive Orders. (ii) The NOI will 
also identify a DTRA/SCC-WMD point of contact who can provide 
additional information about the action and to whom comments should be 
sent. (iii) There will be a public scoping period of 30 days from the 
date of publication of the NOI in the FR to allow other interested 
agencies and the public to provide input and comments. If a scoping 
meeting is planned and sufficient information is available at the time 
of the NOI, the NOI should also announce the meeting, including the 
meeting time and location, and other appropriate information such as 
availability of a scoping document.
    (3) The Project/Program Manager must host a public EIS scoping 
meeting to identify the range of actions, alternatives, and impacts to 
consider for analysis. Scoping is a required part of the EIS process. 
Scoping is an early and open process for determining the scope of 
issues to be addressed in the EIS and identifying the significant 
issues related to a proposed action. The Project/Program Manager shall 
tailor the scoping processes to match the complexity of the proposal. 
(i) DTRA/SCC-WMD representatives must include at a minimum the Project/
Program Manager, the J4E, and program subject matter experts. The 
Project/Program Manager will also invite interested members of the 
public and representatives from cooperating organizations, and may 
include other participants as necessary. (ii) Scoping serves additional 
purposes such as identifying those issues that do not require detailed 
analysis or that have been covered by prior environmental review, 
setting the temporal and geographic boundaries of the EIS, determining 
reasonable alternatives, and identifying available technical 
information. (iii) The Project/Program Manager with assistance from the 
J4E must take the lead in the scoping process, inviting the 
participation of potentially affected Federal, state, and local 
agencies, any potentially affected tribes, and other interested persons 
(including those who might oppose the proposed action).
    (4) An EIS must include the following components presented in the 
standard EIS format in accordance with 40 CFR parts 1500-1508: (i) A 
cover page that includes: (A) A list of the responsible lead and 
cooperating agencies (identifying the lead agency); (B) The title of 
the proposed action together with the state(s) and county(ies) where 
the action is located; (C) The name, address, and telephone number of 
the responsible DTRA/SCC-WMD official; (D) The designation of the 
statement as draft, final, or supplement; (E) A one paragraph abstract 
of the EIS; and (F) For draft EISs, a statement that this EIS is 
submitted for review pursuant to applicable public law requirements. 
(ii) An executive summary that adequately and accurately summarizes the 
EIS. The summary describes the proposed action, stresses the major 
conclusions, areas of controversy (including issues raised by agencies 
and the public), and the issues to be resolved (including the choice 
among alternatives). It also discusses major environmental 
considerations and how these have been addressed, summarizes the 
analysis of alternatives, and identifies the agency preferred 
alternative. It discusses mitigation measures and any monitoring. (iii) 
A table of contents that lists the chapters and exhibits (including 
figures, maps, and tables) presented throughout the EIS. It will also 
list any appendices, acronym list, glossary, references, and index. 
(iv) A Purpose and Need section that briefly describes the underlying 
purpose and need for the Federal action. It presents the problem being 
addressed and describes what DTRA/SCC-WMD is trying to achieve with the 
proposed action. It provides the parameters for defining a reasonable 
range of alternatives to be considered. The purpose and need for the 
proposed action must be clearly explained and stated in terms that are 
understandable to individuals who are not familiar with DTRA/SCC-WMD 
activities. Where appropriate, the responsible DTRA/SCC-WMD official 
should initiate early coordination with cooperating agencies in 
developing purpose and need. (v) An Alternatives section that includes 
the proposed action. This section is the heart of the EIS. It presents 
a comparative analysis of the no action alternative, the proposed 
action, and other reasonable alternatives to fulfill the purpose and 
need for the action, to sharply define the issues, and provide a clear 
basis for choice among alternatives by the approving official. Whether 
a proposed alternative is reasonable depends, in large part, upon the 
extent to which it meets the purpose and need for the proposed action. 
Reasonable alternatives not within the jurisdiction of the lead agency 
should be considered. DTRA/SCC-WMD may include alternatives proposed by 
the public or another agency. However, they must meet the basic 
criteria for any alternative: it must be reasonable, feasible, and 
achieve the project's

[[Page 27112]]

purpose. The extent of active participation in the NEPA process by the 
proponent of the alternative also bears on the extent to which a 
preferred alternative deserves consideration. Charts, graphs, and 
figures, if appropriate, may aid in understanding the alternatives. To 
provide a clear basis of choice among the alternatives, graphic or 
tabular presentation of the comparative impact is recommended. This 
section also presents a brief discussion of alternatives that were not 
considered for detailed analysis (e.g., because they do not meet the 
purpose and need for the proposed action). The draft EIS must identify 
the preferred alternative or alternatives, if one or more exists at the 
time the draft EIS is issued. The final EIS must specifically and 
individually identify the preferred alternative. Criteria other than 
those included in the affected environment and environmental 
consequences sections of the EIS may be applied to identify the 
preferred alternative. Although CEQ encourages Federal agencies to 
identify the environmentally-preferred alternatives in the EIS, the CEQ 
Regulations do not require that discussion until the ROD. (vi) An 
affected environment section that describes the environmental 
conditions of the potentially affected geographic area or areas. The 
discussion of the affected environment should be no longer than is 
necessary. It should include detailed discussion of only those 
environmental impact categories affected by the proposed action or any 
reasonable alternatives to demonstrate the likely impacts; data and 
analyses should be presented in detail commensurate with the importance 
of the impact. To ensure that this section emphasizes the important 
aspects of the impacts on the environment, the discussion should 
summarize and incorporate by reference information or analysis that is 
reasonably available to the public. This section may include the 
following, if appropriate: (A) Location map, vicinity map, project 
layout plan, and photographs; (B) Existing and planned land uses and 
zoning, including: industrial and commercial growth characteristics in 
the affected vicinity; affected residential areas, schools, places of 
outdoor assemblies of persons, churches, and hospitals; public parks, 
wildlife and waterfowl refuges; federally listed or proposed candidate, 
threatened, or endangered species or federally designated or proposed 
critical habitat; wetlands; national and state forests; floodplains; 
farmlands; coastal zones, coastal barriers, or coral reefs; recreation 
areas; wilderness areas; wild and scenic rivers; Native American 
cultural sites, and historic and archeological sites eligible for or 
listed on the National Register of Historic Places; (C) State or local 
jurisdictions affected by the proposed action or any reasonable 
alternatives; (D) Population estimates and other relevant demographic 
information for the affected environment, including a census map where 
appropriate; and (E) Past, present, and reasonably foreseeable future 
actions, whether Federal or non- Federal, including related or 
connected actions to show the cumulative effects of these actions on 
the affected environment. (vii) An environmental consequences section, 
which forms the scientific and analytical basis for comparing the 
proposed action, the no action alternative, and other alternatives 
retained for detailed analysis. (A) The discussion of environmental 
consequences will include the environmental impacts of the alternatives 
including the proposed action; any adverse environmental impacts that 
cannot be avoided should the proposed action or any of the reasonable 
alternatives be implemented; the relationship between short-term uses 
of man's environment and the maintenance and enhancement of long-term 
productivity; any irreversible or irretrievable commitments of 
resources that would be involved in the proposed action or any 
reasonable alternatives should they be implemented; and mitigation. It 
must include considerations of direct, indirect, and cumulative impacts 
and their significance and possible conflicts with the objectives of 
Federal, regional, state, tribal, and local land use plans, policies, 
and controls for the area concerned and other unresolved conflicts. To 
avoid excessive length, the environmental consequences section may 
incorporate by reference background data to support the impacts 
analysis. 40 CFR 1502.22 sets forth requirements for addressing 
situations in which information for assessing reasonably foreseeable 
significant adverse impacts is incomplete or unavailable. (B) Specific 
environmental impact categories must be discussed to the level of 
detail necessary to support the comparisons of impacts of each 
alternative retained for detailed analysis, including the no action 
alternative. The section should include the information required to 
demonstrate compliance with other applicable requirements and should 
identify any permits, licenses, other approvals, or reviews that apply 
to the proposed action or any reasonable alternatives, and indicate any 
known problems with obtaining them. This section should also provide 
the status of any interagency or intergovernmental consultation 
required, for example, under the National Historic Preservation Act, 16 
U.S.C. Sec. Sec.  470-470x-6, the Endangered Species Act, 16 U.S.C. 
Sec. Sec.  1531-1544, the Coastal Zone Management Act, 16 U.S.C. 
Sec. Sec.  1451-1466, the American Indian Religious Freedom Act, 42 
U.S.C. Sec.  1996, Executive Order 13084, Consultation and Coordination 
with Indian Tribal Governments, 63 Federal Register 27655 (May 14, 
1998), the Wild and Scenic Rivers Act, 16 U.S.C. Sec. Sec.  1271-1287, 
and the Fish and Wildlife Coordination Act, 16 U.S.C. Sec. Sec.  661-
667d. (viii) An EIS must describe mitigation measures considered or 
planned to minimize harm from the proposed action and reasonable 
alternatives. The EIS must discuss mitigation in sufficient detail to 
disclose that the environmental consequences have been fairly 
evaluated. Mitigation incorporated into project design must be clearly 
described in the proposed action and any reasonable alternatives. 
Environmental impacts resulting from mitigation must be considered in 
the EIS, when applicable. (A) The following types of mitigation 
measures should be considered: design and construction actions to avoid 
or reduce impacts; management actions that reduce impacts during 
operation of the facility; and replacement, restoration (reuse, 
conservation, preservation, etc.), and compensation measures. (B) 
Electronic data collection, tracking, and analysis may be useful in the 
consideration of appropriate mitigation measures. The DTRA/SCC-WMD ESOH 
Management System may also be used for tracking and monitoring 
mitigation commitments. (C) Mitigation and other conditions established 
in the EIS, or during review of the EIS, and that are committed to in 
the ROD, must be implemented by DTRA/SCC-WMD or another appropriate 
entity with authority to implement the identified mitigation measures 
or other conditions. DTRA/SCC-WMD ensures implementation of such 
mitigation measures through special conditions, funding agreements, 
contract specifications, directives, other review or implementation 
procedures, and other appropriate follow-up actions in accordance with 
40 CFR parts 1500-1508. (ix) The EIS must list the preparers of the 
NEPA document, including the names, and qualifications (e.g., expertise 
experience, professional disciplines) of DTRA/SCC-WMD staff

[[Page 27113]]

that were primarily responsible for preparing the EIS or significant 
background material, and contractors who assisted in preparing the EIS 
or associated environmental studies. (x) The EIS must contain a list of 
agencies, organizations, and persons to whom copies of the EIS are 
sent. This list is included for reference and to demonstrate that the 
EIS is being circulated, and thus, that the public review process is 
being followed. (xi) An index that reflects the key terms used 
throughout the EIS for easy reference. The index must include page 
numbers for each reference. (xii) An EIS must include appendices, if 
necessary. This section consists of material that substantiates any 
analysis that is fundamental to the EIS, but would substantially 
contribute to the length of the EIS or detract from the document's 
readability, if included in the body of the EIS. This section should 
contain information about formal and informal consultation conducted 
and related agreement documents prepared, pursuant to other special 
purpose laws and requirements. (xiii) The Final EIS must assess and 
respond to comments received on the draft EIS. (xiv) If applicable, the 
EIS may include footnotes. Footnotes include the title, author, date of 
document, and page(s) relied upon for sources used.
    (5) An EIS may not include any final decisions regarding the 
Agency/Center's course of action.
    (6) The J4E must file the draft EIS with the United States 
Environmental Protection Agency (EPA) through the e-NEPA electronic 
filing system at: http://www.epa.gov/oecaerth/nepa/submiteis/index.html. As part of the draft EIS filing process, the EPA will issue 
an NOA in the FR to open a 45-day comment period for the public, 
federally recognized tribes, or other interested Federal, state, and 
local agencies. This starts the official comment period for the draft 
EIS. The J0XG shall also publish an NOA (Appendix E) in a local daily 
newspaper on the same day that EPA's NOA is published. DTRA/SCC-WMD 
should send a press release to local media and, if the EIS is national 
in scope, to national media outlets. DTRA/SCC-WMD must notify EPA if it 
approves an extension of the public comment period so that EPA may 
provide an update in its FR notice. (i) The draft EIS should be 
available at local libraries or similar public depositories. Material 
used in developing or referenced in the draft EIS must be available for 
review at the appropriate DTRA/SCC-WMD office(s) or at a designated 
location. Upon request, copies of the draft EIS must be made available 
to the public without charge to the extent practical or at a reduced 
charge, which is not more than the actual cost of reproducing copies. 
The draft EIS may also be placed on the Internet and/or copies may be 
made available in digital form. (ii) The J0XG should use the following 
standard language in press releases and notices announcing the draft 
EIS's availability for comment and any public meetings or hearing(s) 
associated with the proposed project: DTRA/SCC-WMD encourages all 
interested parties to provide comments concerning the scope and content 
of the draft EIS. Comments should be as specific as possible and 
address the analysis of potential environmental impacts and the 
adequacy of the proposed action or merits of alternatives and the 
mitigation being considered. Reviewers should organize their 
participation so that it is meaningful and makes the agency aware of 
the reviewer's interests and concerns using quotations and other 
specific references to the text of the draft EIS and related documents. 
Matters that could have been raised with specificity during the comment 
period on the draft EIS may not be considered if they are raised for 
the first time later in the decision process. This commenting procedure 
is intended to ensure that substantive comments and concerns are made 
available to DTRA/SCC-WMD in a timely manner so that DTRA/SCC-WMD has 
an opportunity to address them. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, be advised that your entire comment--including your 
personal identifying information--may be made publicly available at any 
time. While you can ask us in your comment to withhold from public 
review your personal identifying information, we cannot guarantee that 
we will be able to do so.
    (7) DTRA/SCC-WMD should hold public meetings or hearings on the 
draft EIS, when appropriate. If DTRA/SCC-WMD conducts a public meeting 
or hearing for the purpose of obtaining public comment on a draft EIS, 
DTRA/SCC-WMD should ensure that the draft document is available for 
public review at least 15 days before the event occurs. (i) The 
Project/Program Manager must request comments on the draft EIS from 
appropriate Federal, state, and local agencies and from tribes when the 
impacts may be on a reservation or affect tribal interests. (ii) Draft 
EISs must be coordinated with the appropriate regional offices of other 
Federal agencies having jurisdiction by law or special expertise, 
appropriate state and local agencies including cooperating agencies, 
affected cities and counties, and others known to have an interest in 
the action, and appropriate tribal governments when the impacts may 
affect tribal interests.
    (8) After closure of the comment period, the Project/Program 
Manager and the J4E will adjudicate the comments received by 
considering the input or concern and documenting a response, update the 
EIS as necessary, and complete an ROD (found in Appendix F and on the 
ESOH Team Site at: https://dtra1/j4-8c/j4e/default.aspx) or terminate 
the proposed action. (i) DTRA/SCC-WMD must take into consideration all 
comments received on the draft EIS and comments recorded during public 
meetings or hearings, and respond to the substantive comments in the 
final EIS. All substantive comments received on the draft EIS (or 
summaries where the comments are voluminous) must be attached to the 
final EIS. Comments must be responded to in one or more of the 
following ways: (A) Written into the text of the final EIS; (B) Stated 
in an errata sheet attached to the final EIS; or (C) Included or 
summarized and responded to in an attachment to the final EIS, and if 
voluminous, may be compiled in a separate supplemental volume for 
reference. (ii) DTRA/SCC-WMD may, subject to the conditions set forth 
below, attach errata sheets to the draft EIS. If the modifications to 
the draft EIS in response to comments are minor and are confined to 
factual corrections or explanations of why the comments do not warrant 
additional agency response, then only the comments, responses, and 
errata sheets need to be circulated and the draft EIS and errata sheets 
may be filed as the final EIS as set out in 40 CFR1503.4(c). Use of 
errata sheets is subject to the condition that the errata sheets: (A) 
Cite the sources, authorities, or reasons that support the position of 
DTRA/SCC-WMD; and (B) If appropriate, indicate the circumstances that 
would trigger agency reappraisal or further response.
    (9) The cover page or summary of the final EIS or a draft EIS with 
errata sheets in lieu of a final EIS must include the following 
declaration language below. After careful and thorough consideration of 
the information contained herein and following consideration of the 
views of those Federal agencies having jurisdiction by law or special 
expertise with respect to the environmental impacts described, the 
undersigned finds that the proposed Federal action is consistent with 
existing national environmental policies and objectives as set forth in 
Section

[[Page 27114]]

101(a) of the National Environmental Policy Act of 1969.
    (10) Other required environmental findings and conclusions must be 
included in the summary, if not included in the body or at the end of 
the EIS.
    (11) The final EIS must be reviewed and approved by the Project/
Program Manager and the J4E prior to generating an ROD.
    (12) The J4E will file the final EIS with the EPA through the e-
NEPA electronic filing system at: http://www.epa.gov/oecaerth/nepa/submiteis/index.html. The EPA will issue an NOA for the final EIS in 
the FR. The Project/Program Manager may request that the J0XG also 
publish a more detailed availability notice in the FR, but the DTRA/
SCC-WMD notice cannot be substituted for the EPA FR notice. The final 
EIS must be sent to: (i) The appropriate regional office of EPA; (ii) 
Any relevant DoD officials; (iii) Each Federal, state, and local 
agency, tribe, and private organization that made substantive comments 
on the draft EIS and to individuals who requested a copy of the final 
EIS or who made substantive comments on the draft EIS (one copy each); 
(iv) DOE headquarters for projects having major energy-related 
consequences (one copy); and (v) The appropriate state-designated 
single point of contact (or specific agency contacts when states have 
not designated a single contact point), unless otherwise designated by 
the governor (adequate number of copies, which varies by state). (vi) 
Additional copies must be sent to accessible locations to be made 
available to the general public such as state, metropolitan, and local 
public libraries to facilitate accessibility. The final EIS, comments 
received, and supporting documents must be made available to the public 
without charge to the fullest extent practical or at a reduced charge, 
which is not more than the actual cost of reproducing copies, at 
appropriate agency office(s) or at a designated location.
    (13) DTRA/SCC-WMD must wait a minimum of 30 days after the EPA NOA 
of the final EIS is published in the FR (and at least 90 days after 
filing of the draft EIS) before making a decision on the proposed 
action and issuing an ROD. The 30-day period provides time for the 
decision-maker to consider the final EIS and other pertinent 
information and make a decision; it is not for receiving public 
comments unless DTRA/SCC-WMD requests comments on the final EIS. At the 
conclusion of the 30-day waiting period, the J0 may issue the final 
decision in an ROD and implementation of the selected action may begin. 
(i) When DTRA/SCC-WMD is the lead Federal agency, the EPA, upon a 
showing by another Federal agency of compelling reasons of national 
policy, may extend prescribed periods up to 30 days, but no longer than 
30 days without the permission of DTRA/SCC-WMD. The Project/Program 
Manager may also extend the waiting period or request the EPA to reduce 
this period for compelling reasons of national policy. The 90-day 
waiting period after the NOA of the draft EIS cannot be altered by the 
EPA. (ii) If DTRA/SCC-WMD unilaterally approves an overall extension of 
a comment period, the EPA must be notified so that the EPA may provide 
an update in its FR notice.
    (14) Under certain circumstances, DTRA/SCC-WMD may choose to 
terminate an EIS. This could occur, for example, when a proponent has 
decided not to go forward with the action or it is determined to be no 
longer needed. DTRA/SCC-WMD may also terminate an EIS and revert to an 
EA if the environmental analysis shows that there would not be 
significant impacts from the project. DTRA/SCC-WMD will provide notice 
of the determination to no longer conduct an EIS that is issued in a 
manner comparable to the publication and distribution used for the NOI 
to prepare the EIS. The notice should cite the date of the original NOI 
to prepare an EIS and state the reasons why DTRA/SCC-WMD has chosen to 
terminate the EIS.

(f) Record of Decision (ROD)

    (1) The ROD (Appendix F) will state DTRA/SCC-WMD's final decision 
on which action will be taken. The ROD may be prepared after the time 
periods outlined in the EIS section above. The Project/Program Manager 
and the J4E must provide concurrence on the ROD before submitting to 
the J0 for approval. Supplements to final EISs may be necessary (see 
Section (7)(b) Supplemental EAs/EISs) and must be reviewed and approved 
in the same manner as the original document, and a new draft ROD should 
be prepared, circulated, and approved. (i) DTRA/SCC-WMD may select any 
alternative within the range of alternatives analyzed in the final EIS. 
The selected alternative may be an alternative other than the agency's 
preferred alternative or the environmentally-preferred alternative. The 
selected action may not be implemented until the J0 has approved and 
signed the ROD. (ii) If DTRA/SCC-WMD selects an alternative other than 
the preferred alternative in the final EIS that involves special 
purpose laws and requirements, such as those related to Section 4(f) 
land, federally listed endangered species, wetlands, or historic sites, 
the Agency must first complete any required permit, evaluation, 
consultation, or other approval requirement prior to taking the action.
    (2) DTRA/SCC-WMD must provide public notice of availability of the 
ROD through appropriate means as required by 40 CFR 1506.6(b). Such 
means may include publication in the FR, other media, and on the 
Internet, although publication in the FR is only required for actions 
with effects of national concern.
    (3) The ROD must: (i) Present DTRA/SCC-WMD's decision on the 
proposed action, and identify and discuss all factors, including any 
essential considerations of national policy, that were balanced by the 
Agency in making its decision and state how those considerations 
entered into the decision; (ii) Identify all alternatives DTRA/SCC-WMD 
considered and which alternative(s) is/are considered to be 
environmentally-preferable. DTRA/SCC-WMD may discuss preferences among 
alternatives based on relevant factors including economic and technical 
considerations, and agency statutory missions; (iii) Identify any 
mitigation measure(s) committed to as part of the decision and 
summarize any applicable mitigation monitoring and enforcement program. 
This must include any mitigation measure that was committed to as a 
condition of the approval of the final EIS; (iv) State whether all 
practicable means to avoid or minimize environmental harm from the 
selected alternatives have been adopted, and if not, why; and (v) 
Include any findings required by Executive Order, regulation, or 
special purpose law or requirement (e.g., wetlands, Section 4(f), 
etc.).
    (4) As necessary, the ROD can be used to clarify and respond to 
issues raised on the final EIS when those issues do not require 
supplementation of the final EIS.
    (5) If the ROD is prepared following adoption of all or part of 
another agency's NEPA document (see Section (7)(c) Adoption of EAs/
EISs), the ROD must incorporate by reference the part(s) of the 
document being adopted and include documentation of DTRA/SCC-WMD's 
independent evaluation of the document.
    (6) The ROD must be signed by the J0 or delegated authority and 
posted with the EIS on the DTRA/SCC-WMD public Web site by the J0XG.
    (7) The action must proceed no less than 30 days after the EPA has

[[Page 27115]]

published the NOA for the final EIS (see paragraph (5)(e)(13)).

6. Mitigation and Monitoring

    (a) DTRA/SCC-WMD must indicate whether mitigation measures will be 
implemented for the action selected in either a FONSI or ROD, the 
commitments the Agency/Center considered and selected, and who will be 
responsible for implementing, funding, and monitoring the mitigation 
measures.
    (b) If the J4E and the Project Manager or other decision-maker for 
the project/program determine that a mitigation measure stipulated in a 
FONSI has not been implemented or the implemented mitigation is failing 
to mitigate environmental impacts as predicted, and as a result a 
significant impact may occur, the J4E and the Project Manager or other 
decision-maker for the project/program must initiate the EIS process by 
issuing an NOI to prepare an EIS if there remains discretionary DTRA/
SCC-WMD action to be taken related to the project.
    (c) When possible, the Project/Program Manager should include the 
cost of mitigation as a line item in the budget for a proposed project/
program. DTRA/SCC-WMD ensures implementation of such mitigation 
measures through memorandums of agreement, funding agreements, contract 
specifications, directives, other review or implementation procedures, 
and other appropriate follow-up actions.
    (d) DTRA/SCC-WMD may ``mitigate to insignificance'' potentially 
significant environmental impacts found during preparation of an EA 
instead of preparing an EIS. The FONSI will include these mitigation 
measures, which must be implemented simultaneously with the project/
program action (see Sections 5(d)(i)-(iii)).
    (e) Mitigation includes: (1) Avoiding the impact altogether by not 
taking a certain action or parts of an 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 affected environment. (4) Reducing or eliminating the 
impact over time by preservation and maintenance operation during the 
life of the action. (5) Compensating for the impact by replacing or 
providing substitute resources or environments.

7. Subsequent Analyses

(a) Tiering and Programmatic Review

    (1) A programmatic review may assist decision-makers and the public 
in understanding the environmental impact from proposed broad federal 
actions and activities. A programmatic EIS or EA may be prepared to 
cover: (i) A broad group of related actions; or (ii) A program, policy, 
plan, system, or national level proposal that may later lead to 
individual actions, requiring subsequent NEPA analysis.
    (2) A programmatic document is useful in analyzing the cumulative 
impacts of a group of related actions and when the proposed actions are 
adequately analyzed can serve as the NEPA review for those actions. 
Programmatic documents may also be useful in providing the basis for 
subsequent project-level specific environmental review. A programmatic 
EIS or EA may contain a broader, less specific, analysis than is done 
for a specific proposed project. If a programmatic EIS or EA is 
prepared, DTRA/SCC-WMD will determine whether project-specific EISs or 
EAs are needed for individual actions. Broad Federal actions analyzed 
in a programmatic EIS or EA may be evaluated geographically, 
generically, or by stage of technological development.
    (3) The use of a programmatic EIS or EA, and subsequent preparation 
of a project-specific EIS or EA is referred to as ``tiering'' the 
environmental review. Tiering can also be used to sequence 
environmental documents from the early stage of a proposed action 
(e.g., need for the action and site selection) to a subsequent stage 
(e.g., proposed construction) to help focus on issues that are ripe for 
decision and exclude from consideration issues not yet ripe or already 
decided. When this approach is used, DTRA/SCC-WMD must ensure that the 
proposed action is not being segmented by describing the independent 
utility of each stage. Programmatic and tiered EISs and EAs are subject 
to the same preparation and processing requirements as other EISs and 
EAs.
    (4) When a programmatic EIS or EA has been prepared, any subsequent 
EIS or EA for proposed projects within the scope of the programmatic 
document only needs to incorporate it by reference by summarizing the 
issues discussed in the programmatic document, providing access to the 
programmatic EIS or EA, and concentrating the subsequent project-
specific EIS or EA on site-specific impacts not covered by the 
programmatic document. The project-specific document must state how to 
obtain a copy of the earlier programmatic document (i.e., a Web page or 
contact person/office).

(b) Supplemental EAs/EISs

    (1) Project/Program Managers must prepare a supplemental EA, draft 
EIS, or final EIS if either of the following occurs: (i) There are 
substantial changes to 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 impacts.
    (2) Significant information is information that paints a 
dramatically different picture of impacts compared to the description 
of impacts in the EA or EIS. DTRA/SCC-WMD may also prepare supplements 
when the purposes of NEPA will be furthered by doing so.
    (3) Supplemental documents must be prepared following the same 
general process as the original EA or EIS addressing the new 
circumstances, information, or actions and incorporating by reference 
and summary the original EA or EIS. No new scoping is required for a 
supplemental EIS, but may be conducted at the discretion of the 
Project/Program Manager or the Director, J4E.
    (4) When a supplemental EA or EIS is completed, a new FONSI or ROD 
must be issued and made available to the public.

(c) Adoption of EAs/EISs

    (1) DTRA/SCC-WMD may adopt in whole or in part, another Federal 
agency's draft or final EA, the EA portion of another agency's EA/
FONSI, or EIS in accordance with 40 CFR 1506.3 and CEQ Guidance, 
``Improving the Process for Preparing Efficient and Timely 
Environmental Reviews under the National Environmental Policy Act,'' 
March 6, 2012, where DTRA/SCC-WMD's proposed action is substantially 
the same as the action described in the existing EA or EIS. When 
another agency's NEPA document does not adequately address DTRA/SCC-
WMD's proposed action or meet the applicable standards in the CEQ 
Regulations and these implementing procedures, then DTRA/SCC-WMD cannot 
adopt the EA or EIS and should consider which portions of that EA or 
EIS can be incorporated by reference.
    (2) The Project/Program Manager and J4E will independently review 
the EA or EIS and determine whether it is current, satisfies the 
requirements of NEPA, and covers the proposed action. In adopting all 
or part of another agency's NEPA document, DTRA/SCC-WMD takes full 
responsibility for the scope and content that addresses the relevant 
DTRA/SCC-WMD action(s).
    (3) If the actions covered by the original NEPA analysis and the 
DTRA/

[[Page 27116]]

SCC-WMD proposed action are substantially the same, DTRA/SCC-WMD may 
reissue the EA or EIS as a final document and prepare its own FONSI or 
ROD. The EA or EIS will be recirculated and a public comment period 
will be provided per Section 5(e) above. When DTRA/SCC-WMD adopts an EA 
or EIS where it has acted as a cooperating agency and its comments and 
suggestions have been satisfied by the lead agency in the original 
document, then coordination with the public is not required.

8. Actions on Host Installations/Actions Abroad

(a) Actions on Host Installations

    DTRA/SCC-WMD must comply with the host installation NEPA 
implementing regulations, procedures, and guidance in addition to those 
set forth in this guide, and all environmental compliance actions must 
be coordinated with the appropriate host installation point of contact. 
Equivalent host installation documentation may be used to satisfy DTRA/
SCC-WMD documentation requirements when signed and approved by DTRA/
SCC-WMD and maintained in its administrative record.

(b) Actions Occurring Abroad

    (1) Executive Order 12114 is based on the authority vested in the 
President by the Constitution and the laws of the United States. The 
objective of the Executive Order is to further foreign policy and 
national security interests while at the same time taking into 
consideration important environmental concerns. DTRA/SCC-WMD acts with 
care in the global commons because the stewardship of these areas is 
shared by all the nations of the world. DTRA/SCC-WMD will take account 
of environmental considerations when it acts in the global commons in 
accordance with these procedures.
    (2) DTRA/SCC-WMD also acts with care within the jurisdiction of a 
foreign nation. Treaty obligations and the sovereignty of other nations 
must be respected, and restraint must be exercised in applying United 
States laws within foreign nations unless the Congress has expressly 
provided otherwise. DTRA/SCC-WMD will take account of environmental 
considerations in accordance with these procedures when it acts in a 
foreign nation.
    (3) Foreign policy considerations require coordination with the 
Department of State on communications with foreign governments 
concerning environmental agreements and other formal arrangements with 
foreign governments concerning environmental matters. Informal working-
level communications and arrangements are not included in this 
coordination requirement. Consultation with the Department of State 
also is required in connection with the utilization of additional 
exemptions from these procedures.
    (4) Executive Order 12114, implemented by these procedures, 
prescribes the exclusive and complete procedural measures and other 
actions to be taken by DTRA/SCC-WMD to further the purpose of the 
National Environmental Policy Act with respect to the environment 
outside the United States. As such, actions with potential for 
significant environmental impact occurring abroad or in the global 
commons outside the jurisdiction of any nation (e.g., the ocean or 
Antarctica) are subject to the environmental analysis procedures set 
forth in this Guide with the exception of hosting public meetings. 
Project/Program Managers may choose to host public meetings in 
consideration of the following factors: (i) Foreign relations 
sensitivities. (ii) Whether the hearings would be an infringement or 
create the appearance of infringement on the sovereign responsibilities 
of another government. (iii) Requirements of domestic and foreign 
governmental confidentiality. (iv) Requirements of national security. 
(v) Whether meaningful information could be obtained through hearings; 
(vi) Time considerations. (vii) Requirements for commercial 
confidentiality.
    (5) Consideration will be given to whether any foreign government 
should be informed of the availability of environmental documents. 
Communications with foreign governments concerning environmental 
agreements and other formal arrangements with foreign governments 
concerning environmental matters must be coordinated by the J0XG with 
the Department of State through the Assistant Secretary of Defense 
(International Security Affairs).

9. Classified Actions

    (a) Classification of an action for national security does not 
relieve DTRA/SCC-WMD from the requirements of NEPA. DTRA/SCC-WMD will 
prepare, safeguard, and disseminate NEPA documents in accordance with 
DoD requirements for classified information.
    (b) Classified information in NEPA documents will be written in a 
separate appendix from unclassified information so that the 
unclassified portions of the documents can be made available to the 
public.
    (c) When classified information is an integral part of the analysis 
so that a meaningful unclassified NEPA analysis cannot be produced, the 
Project/Program Manager in coordination with the J4E will form a team 
to review the classified NEPA analysis. This team will include 
environmental professionals and subject matter experts who will ensure 
the consideration of environmental effects is consistent with the 
intent of NEPA, including public participation requirements for 
unclassified portions.

10. Administrative Record

    (a) The J4E will maintain an administrative record for each 
environmental analysis performed and an administrative record to 
support these implementing procedures.
    (b) The administrative record for a proposed action must be 
retained for 7 years after completing the action, unless the action 
involves controversy concerning environmental effects or is of a nature 
that warrants keeping it longer as determined by the J4E.
    (c) The administrative records maintained will include, but are not 
limited to: (1) All supporting documentation used to generate DTRA/SCC-
WMD's NEPA implementing procedures and CATEXs. (2) All supporting 
documentation and information used to make a decision for Agency 
actions with potential for significant environmental impact. (3) Maps 
and other documents relevant to developing an EA or EIS. (4) Formal 
communication by a consulting, coordinating, or cooperating agency. (5) 
Studies and inventories of affected environmental resources. (6) 
Correspondence with regulatory agencies, private citizens, tribes, 
State or local governments, and other individuals and agencies 
contacted during public involvement.

11. Glossary

(a) Abbreviations and Acronyms

CATEX Categorical Exclusion
CEQ Council on Environmental Quality
DoD Department of Defense
DTRA/SCC-WMD Defense Threat Reduction Agency and United States 
Strategic Command Center for Combating Weapons of Mass Destruction
EA Environmental Assessment
EIS Environmental Impact Statement
EPA Environmental Protection Agency
ESOH Environment, Safety, and Occupational Health
FIRS Federal Information Relay Service
FONSI Finding of No Significant Impact
FR Federal Register
J0 Director, DTRA/SCC-WMD

[[Page 27117]]

J0GC Office of the General Counsel
J0XG Governmental and Public Affairs Office
J4/8C Acquisition, Finance, and Logistics Directorate
J4E Environment, Safety, and Occupational Health Department
JDIR Joint Director
NEPA National Environmental Policy Act
NOA Notice of Availability
NOI Notice of Intent
REC Record of Environmental Consideration
ROD Record of Decision
TDD telecommunication devices for the deaf

(b) Definitions

    Unless otherwise noted, these terms and their definitions are for 
the purpose of this NEPA Procedures Guide. The definitions in 40 CFR 
parts 1500-1508 control in the event of any inconsistency or 
difference.
    CATEX. A CATEX is defined at 40 CFR 1508.4 as 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 Federal agency NEPA implementing procedures and, therefore, neither 
an EA nor an EIS is required. This Guide provides for extraordinary 
circumstances in which an action that is normally categorically 
excluded may have a significant effect and therefore merit further 
analysis in an EA or EIS.
    Cooperating agency. A cooperating agency, defined at 40 CFR 1508.5, 
is any Federal agency or State, tribal, or local governmental entity 
which has jurisdiction by law or special expertise with respect to any 
environmental impact involved in a proposed action or a reasonable 
alternative. The selection and responsibilities of a cooperating agency 
are described at 40 CFR 1501.6.
    EA. An EA, defined at 40 CFR 1508.9, is a concise public document 
for which a Federal agency is responsible that serves to: (1) Briefly 
provide sufficient evidence and analysis for determining whether to 
prepare an EIS or a FONSI; and (2) aid an agency's compliance with NEPA 
when no environmental impact is necessary. An EA includes an evaluation 
of whether a project's potential environmental impacts may be 
significant. Includes an evaluation of the No Action Alternative and 
other alternatives to the proposed project, and results in either a 
FONSI or an NOI.
    EIS. An EIS, defined at 40 CFR 1508.11, is a detailed written 
evaluation of the potential environmental impacts and socioeconomic 
impacts of a proposed action (project), including an evaluation of the 
No Action Alternative and other alternatives to the proposed project. 
The EIS identifies mitigation measures needed to address adverse 
environmental impacts.
    Environmental planning. The process of identifying and considering 
environmental factors that impact on, or are impacted by, planned DoD 
activities and operations.
    FONSI. A FONSI, defined at 40 CFR 1508.13, is a document briefly 
presenting the reasons why the proposed action, based on the EA 
findings, will not have a significant effect on the human environment 
and therefore an EIS is not required.
    Impact. Any change to the environment wholly or partially resulting 
from an organization's activities, products, or services. Impact is 
synonymous with effect as defined at 40 CFR 1508.7 and 8.
    NEPA. The National Environmental Policy Act (NEPA) [42 U.S.C. 4321 
et seq.] establishes national environmental policy and goals for the 
protection, maintenance, and enhancement of the environment and 
provides a process for implementing these goals within Federal 
agencies. NEPA also established the Council on Environmental Quality.
    NOA. A notice of availability is a document notifying the public 
and other government agencies that an EA or an EIS is available for 
review.
    NOI. A notice of intent, as defined at 40 CFR 1508.22, is a notice 
that an EIS will be prepared and considered. This notice includes a 
description of the proposed action and possible alternatives, a 
description of the agency's proposed scoping process, and the name and 
address of an agency representative who can answer questions about the 
proposed action and the EIS.
    Proponent. The organization that exercises primary management 
responsibility for a proposed action or activity.
    REC. Document stating that the proposed action (project) does not 
require further NEPA documentation.

Appendix A: The NEPA Process

[[Page 27118]]

[GRAPHIC] [TIFF OMITTED] TN05MY16.024

Appendix B: Categorical Exclusions (CATEXS)

    This Appendix includes categorical exclusions (CATEXs) and 
extraordinary circumstances for DTRA/SCC-WMD activities.
    Actions categorically excluded in the absence of extraordinary 
circumstances are:
    1. Normal personnel, fiscal or budgeting, and administrative 
activities and decisions, including those involving military and 
civilian personnel (for example, recruiting, processing, data 
collection, conducting surveys, payroll, and record keeping).
    2. Preparing, revising, or adopting regulations, instructions, 
directives, or guidance documents, including those that implement 
without substantial

[[Page 27119]]

change to the regulations, instructions, directives, or guidance 
documents from higher headquarters or other Federal agencies.
    3. Decreases, increases, relocation, and realignment of personnel 
into existing Federally-owned or commercially-leased space that does 
not involve a substantial change affecting the supporting 
infrastructure or use of space (e.g., no increase in traffic beyond the 
capacity of the supporting network to accommodate such an increase).
    4. Routine procurement of goods and services conducted in 
accordance with applicable procurement regulations and green purchasing 
requirements including office supplies, equipment, mobile assets, and 
utility services for routine administration, operation, and 
maintenance.
    5. Administrative study efforts involving no commitment of 
resources other than personnel and funding allocations. If any of these 
study efforts result in proposals for further action, those proposals 
must be considered separately by an appropriate CATEX or NEPA analysis. 
Examples include, but are not limited to: Studies and surveys conducted 
to further administrative, personnel-related, architectural, 
engineering, safety, security, siting, and facility audit activities.
    6. Studies, monitoring, data and sample collection, and information 
gathering that involve no permanent physical change to the environment. 
If any of these activities result in proposals for further action, 
those proposals must be considered by an appropriate CATEX or NEPA 
analysis. Examples include, but are not limited to: Surveys for 
threatened and endangered species, wildlife and wildlife habitat, 
historic properties, and archeological sites; wetland delineations; 
minimal water, air, waste; material and soil sampling (e.g., grab 
samples). Environmental Baseline Surveys or Environmental Condition of 
Property Surveys. Topographical surveying and mapping that does not 
require cutting and/or removal of trees.
    7. Sampling, borehole drilling, well drilling and installation, 
analytical testing, site preparation, and minimally intrusive physical 
testing. These activities could involve minor clearing, grubbing, or 
movement of heavy equipment such as drill rigs. If any of these actions 
result in proposals for further actions, those proposals must be 
considered by an appropriate CATEX or NEPA analysis. Examples include, 
but are not limited to: Sampling for asbestos-containing materials, 
polychlorinated biphenyls, and lead-based paint. Topographical surveys 
and surveys for unexploded ordnance. Minimally-intrusive (no more than 
25 square feet of disturbed surface area) geological, geophysical 
surveys, geo-technical activities, and seismic studies. Minimally-
intrusive sampling to determine if hazardous wastes, contaminants, 
pollutants, or special hazards are present. Ground water monitoring 
wells, subsurface soil sampling, and soil borings.
    8. Immediate responses to the release or discharge of oil or 
hazardous materials in accordance with an approved Spill Prevention, 
Control and Countermeasure Plan or Spill Contingency Plan, or that is 
otherwise consistent with the requirements of the EPA National 
Contingency Plan.
    9. Temporary use of transportable power generators or operational 
support equipment when located in a previously disturbed area and when 
operated in compliance with applicable regulatory requirements.
    10. Routine movement, handling, use, and distribution of materials, 
including hazardous materials or wastes that are moved, handled, or 
distributed in accordance with applicable regulations, such as Resource 
Conservation and Recovery Act, National Oil and Hazardous Substance 
Pollution Contingency Plan, Occupational Safety and Health Act, and 
Hazardous Materials Transportation Act.
    11. Routine movement of mobile test assets (such as instrument 
trailers, cameras, portable antennas, etc.) for routine test and 
evaluation, for repair, overhaul, or maintenance where no new support 
facilities are required.
    12. Activities and operations to be conducted in an existing non-
historic structure which are within the scope of and are compatible 
with 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 remain within established 
permit limits, if any.
    13. Acquisition, installation, modification, routine repair and 
replacement, and operation of utility (e.g., water, sewer, and 
electrical) and communication systems, mobile antennas, data processing 
cable, and similar electronic equipment that use existing rights-of-
way, easements, distribution systems, facilities, or previously 
disturbed land.
    14. Acquisition, installation, or minor relocation, operation and 
maintenance or evaluation of physical security devices or controls to 
protect human or animal life and to enhance the physical security of 
existing critical assets in compliance with applicable Federal, tribal, 
state, and local requirements to protect the environment. Examples 
include, but are not limited to: Motion detection systems. Lighting. 
Remote video surveillance systems. Access controls. Physical barriers, 
fences, grating, on or adjacent to existing facilities.
    15. Installation and maintenance of archaeological, historical, and 
endangered or threatened species avoidance markers, fencing, and signs.
    16. Road or trail construction and repair on existing rights-of-
ways or in previously disturbed areas which do not result in a change 
in functional use. Runoff, erosion, and sedimentation controlled 
through implementation of best management practices.
    17. Routine repair and maintenance of buildings, grounds, and other 
facilities and equipment which do not result in a change in functional 
use or a significant impact on a historically significant element or 
setting. Examples include, but are not limited to: Repair of roofs, 
doors, windows, or fixtures, localized pest management, and minor 
erosion control measures.
    18. New construction or equipment installation or alterations 
(interior and exterior) to or construction of an addition to an 
existing structure that is similar to existing land use if the area to 
be disturbed has no more than five cumulative acres of new surface 
disturbance.
    19. Demolition of non-historic buildings, structures, or other 
improvements and repairs that result in disposal of debris there-from, 
or removal of a part thereof for disposal, in accordance with 
applicable regulations, including those regulations applying to removal 
of asbestos containing materials, polychlorinated biphenyls, lead-based 
paint, and other special hazard items.
    20. Research, testing, and operations conducted at existing 
facilities (including contractor-operated laboratories and plants) and 
in compliance with all applicable safety, environmental, and natural 
conservation laws (because of these controls, these types of activities 
have little potential for significant environmental impacts). Examples 
include, but are not limited to: Nuclear weapons effects simulators, 
weapons performance measurement, wind tunnels, high energy lasers, 
remote sensing instruments, vacuum chambers, high altitude simulator 
facilities, and propellant testing facilities.
    21. Routine installation and use of radars, cameras, communications 
equipment, and other essentially similar

[[Page 27120]]

facilities and equipment within a launch facility, mobile platform, 
military installation, training area, or previously disturbed area that 
conform to current American National Standards Institute/Institute of 
Electrical and Electronics Engineers guidelines, Federal Communications 
Commission Radio Frequency Exposure Limits 1.1310, and Electric and 
Magnetic Fields Exposure Directive 99/519/EC for maximum permissible 
exposure to electromagnetic fields.
    22. Routine law and order activities performed by military 
personnel, military police, or other security personnel, including 
physical plant protection and security.
    Extraordinary circumstances that preclude the use of a CATEX are:
    1. A reasonable likelihood of significant impact on public health 
or safety.
    2. A reasonable likelihood of significant environmental effects 
(direct, indirect, and cumulative).
    3. A reasonable likelihood of involving effects on the environment 
that involve risks that are highly uncertain, unique, or are 
scientifically controversial.
    4. A reasonable likelihood of violating any Executive Order, or 
Federal, state, or local law or requirements imposed for the protection 
of the environment.
    5. A reasonable likelihood of adversely affecting ``environmentally 
sensitive'' resources, unless the impact has been resolved through 
another environmental process (e.g., Coastal Zone Management Act, 
National Historic Preservation Act, Clean Water Act, etc.) a CATEX 
cannot be used. Environmentally sensitive resources include: a. 
Proposed federally listed, threatened, or endangered species or their 
designated 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); 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. d. Cultural, scientific or historic 
resources.
    6. A reasonable likelihood of dividing or disrupting an established 
community or planned development, or is inconsistent with existing 
community goals or plans.
    7. A reasonable likelihood of causing an increase in surface 
transportation congestion that will decrease the level of service below 
acceptable levels.
    8. A reasonable likelihood of adversely impacting air quality or 
violating federal, state, local or tribal air quality standards under 
the Clean Air Act Amendments of 1990.
    9. A reasonable likelihood of adversely impacting water quality, 
sole source aquifers, public water supply systems or state, local, or 
tribal water quality standards established under the Clean Water Act 
and the Safe Drinking Water Act.
    10. A reasonable likelihood of effects on the quality of the 
environment that are highly controversial on environmental grounds. The 
term ``controversial'' means a substantial dispute exists as to the 
size, nature, or effect of the proposed action rather than to the 
existence of opposition to a proposed action, the effect of which is 
relatively undisputed.
    11. A reasonable likelihood of a disproportionately high and 
adverse effect on low income or minority populations (see Executive 
Order 12898).
    12. Limit access to and ceremonial use of Indian sacred sites on 
Federal lands by Indian religious practitioners or significantly 
adversely affect the physical integrity of such sacred sites (see 
Executive Order 13007).
    13. Contribute to the introduction, continued existence, or spread 
of noxious weeds or non-native invasive species known to occur in the 
area or actions that may promote the introduction, growth, or expansion 
of the range of such species (Federal Noxious Weed Control Act and 
Executive Order 13112).
    14. A greater scope or size than is normal for this category of 
action.
    15. A reasonable likelihood of degrading already existing poor 
environmental conditions. Also, initiation of a degrading influence, 
activity, or effect in areas not already significantly modified from 
their natural condition.
    16. A precedent (or makes decisions in principle) for future or 
subsequent actions that have a reasonable likelihood of having a future 
significant effect.
    17. Introduction or employment of unproven technology.
    18. A reasonable likelihood of (i) releases of petroleum, oils, and 
lubricants (except from a properly functioning engine or vehicle) or 
reportable releases of hazardous or toxic substances as specified in 40 
CFR part 302, Designation, Reportable Quantities, and Notification); 
(ii) application of pesticides and herbicides; (iii) or where the 
proposed action results in the requirement to develop or amend a Spill 
Prevention, Control, or Countermeasures Plan.

Appendix C: Record of Environmental Consideration (REC)

DEFENSE THREAT REDUCTION AGENCY/UNITED STATES STRATEGIC COMMAND CENTER 
FOR COMBATING WEAPONS OF MASS DESTRUCTION (DTRA/SCC-WMD)
RECORD OF ENVIRONMENTAL CONSIDERATION
DATE OF REQUEST:-------------------------------------------------------
PROJECT/PROGRAM MANAGER:
PHONE NUMBER:----------------------------------------------------------
EMAIL:-----------------------------------------------------------------
ORGANIZATION ADDRESS:

-----------------------------------------------------------------------
-----------------------------------------------------------------------
-----------------------------------------------------------------------
PROJECT TITLE:---------------------------------------------------------
PROPOSED PROJECT START DATE:-------------------------------------------
END DATE:--------------------------------------------------------------
A. PURPOSE AND NEED FOR ACTION:
B. PROJECT SPECIFIC DETAILS (PROPOSED LOCATION, etc.):
C: LIST OF PREVIOUS NEPA DOCUMENTATION (EA/EIS) FOR THIS OR SIMILAR 
ACTIVITY
PRINT NAME-------------------------------------------------------------
SIGNED-----------------------------------------------------------------
[Name of Project/Program Manager]
DATE-------------------------------------------------------------------
J4E ENVIRONMENTAL REVIEW
ACTION NOT SUBJECT TO NEPA REQUIREMENTS--------------------------------
PROPOSED ACTION QUALIFIES FOR CATEGORICAL EXCLUSION (CATEX) #----------
PROPOSED ACTION DOES NOT INVOLVE EXTRAORDINARY CIRCUMSTANCES THAT MERIT 
REVIEW IN AN EA OR EIS (IDENTIFY ANY ENVIRONMENTAL PROCESS THAT HAS 
RESOLVED AN IMPACT ARISING FROM AN EXTRAORDINARY CIRCUMSTANCE)---------
PROPOSED ACTION IS COVERED UNDER EXISTING ENVIRONMENTAL DOCUMENTATION 
(SPECIFY DOCUMENT AND SECTIONS)----------------------------------------
FURTHER ANALYSIS IS REQUIRED-------------------------------------------
REMARKS:---------------------------------------------------------------
PRINT NAME-------------------------------------------------------------
SIGNED-----------------------------------------------------------------
DATE-------------------------------------------------------------------

Director, Environment, Safety, and Occupational Health Department
DTRA/SCC-WMD
8725 John J. Kingman Rd.
Ft. Belvoir, VA 22060

[[Page 27121]]

Appendix D: Notice of Intent (NOI)

DEFENSE THREAT REDUCTION AGENCY/UNITED STATES STRATEGIC COMMAND CENTER 
FOR COMBATING WEAPONS OF MASS DESTRUCTION (DTRA/SCC-WMD)
[Name of Office; Location; Short Title or Subject of the Notice]
ACTION: Notice of intent to prepare an environmental impact statement.

SUMMARY: [Briefly describe the nature and scope of the proposed action. 
Do not put legal citations or background information in the SUMMARY 
section; these belong in the SUPPLEMENTARY INFORMATION section.]

DATES: Comments concerning the scope of the analysis must be received 
by [insert date 30 days from date of publication in the Federal 
Register].
    [Do not alter the text between the brackets. The brackets alert the 
scheduling office at the Office of the Federal Register to compute the 
date and enter it prior to publication.]
    The draft environmental impact statement is expected [insert 
estimated month and year] and the final environmental impact statement 
is expected [insert estimated month and year.]

ADDRESS: Send written comments to [insert address]. Comments may also 
be sent via email to [insert email address], or via facsimile to 
[insert fax number]. [In this section, you also may put additional 
addresses, locations of meetings, etc. Do not put more than four 
addresses in this section. If there are more than four pertinent 
addresses, create a heading for them under the SUPLEMENTARY INFORMATION 
section of the notice.]

It is important that reviewers provide their comments at such times and 
in such a way that they are useful to the Agency's preparation of the 
EIS. Therefore, comments should be provided prior to the close of the 
comment period and should clearly articulate the reviewer's concerns 
and contentions.

Comments received in response to this solicitation, including names and 
addresses of those who comment, will be part of the public record for 
this proposed action. Comments submitted anonymously will be accepted 
and considered.

FOR FURTHER INFORMATION CONTACT: [insert name(s) and contact 
information you wish to use, such as telephone number and email 
address].

Individuals who use telecommunication devices for the deaf (TDD) may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m. Eastern Time, Monday through Friday.

SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
    [Describe why DTRA/SCC-WMD is proposing the action: Why here? Why 
now?]
Proposed Action
    [Describe the proposed action. Consider who, what, how, where, and 
when.]
Possible Alternatives
    [Include only if any have been identified (delete heading if not 
used or request input on any alternatives considered reasonable--
including technically and economically feasible--that will meet the 
purpose and need).]
Lead and Cooperating Agencies
    [Include only if there are other agencies to list as joint lead 
agencies and/or cooperating agencies (delete heading if not used).]
Responsible Official
    [Provide the title and address of the official(s) responsible for 
the proposed action. Use of the responsible official's name is 
optional.]
Nature of Decision To Be Made
    [Describe the framework or scope of the decision(s) to be made by 
the responsible official(s).]
Preliminary Issues
    [Include only if any have been identified (delete heading if not 
used). To the extent practicable, resolve internal issues before 
proposing the action.]
Permits or Licenses Required
    [Include only if any have been identified (delete heading if not 
used).]
Addresses
    [Include only if all addresses could not be included in the SUMMARY 
(delete heading if not used).]
Scoping Process
    This notice of intent initiates the scoping process, which guides 
the development of the environmental impact statement. [Describe any 
other public comment opportunities, including whether, when, and where 
any scoping meetings will be held. Describe any additional information 
related to the scoping process and nature of comments being sought.]
-----------------------------------------------------------------------
[Name]
-----------------------------------------------------------------------
Date
Chief, Governmental and Public Affairs Office
DTRA/SCC-WMD

Appendix E: Notice of Availability (NOA)

DEFENSE THREAT REDUCTION AGENCY/UNITED STATES STRATEGIC COMMAND CENTER 
FOR COMBATING WEAPONS OF MASS DESTRUCTION (DTRA/SCC-WMD)
AGENCY: [Office name], DTRA/SCC-WMD, Department of Defense

ACTION: Notice of Availability of the [Draft EA, Final EA and FONSI, 
Draft EIS, Final EIS, or ROD]

SUMMARY: DTRA/SCC-WMD announces the availability of the [insert type of 
NEPA document] for a proposed project in [insert location].

DATES: [As applicable, list dates of public scoping meetings, deadlines 
for comments, etc.]

ADDRESSES: [As applicable, list addresses for public scoping meetings, 
availability of the document, etc.] The [insert Draft EIS, Final EIS, 
ROD as appropriate] is also available at [insert project Web site.]

FOR FURTHER INFORMATION CONTACT: [insert name(s) and contact 
information you wish to use, such as telephone number and email 
address.]

SUPPLEMENTARY INFORMATION: Effective [Date], the DTRA/SCC-WMD assumed 
environmental responsibilities for this project. DTRA/SCC-WMD as the 
agency responsible for the National Environmental Policy Act (NEPA) 
review has, in cooperation with [insert cooperating agencies], prepared 
a [insert type of NEPA document] on a proposal for [insert brief 
description of action] in [location]. [Provide additional details 
regarding the proposed action, description of the proposed 
alternatives, length of project, and any anticipated federal approvals, 
such as permits].
Issued on: [Date signed]
-----------------------------------------------------------------------
[Name]
Chief, Governmental and Public Affairs Office
DTRA/SCC-WMD

[[Page 27122]]

Appendix F: Record of Decision (ROD)

RECORD OF DECISION
[Project Name]
DEFENSE THREAT REDUCTION AGENCY/UNITED STATES STRATEGIC COMMAND CENTER 
FOR COMBATING WEAPONS OF MASS DESTRUCTION (DTRA/SCC-WMD)
[Project Location]
[County, State]
Decision
    Based on my review of the Environmental Impact Statement (EIS), I 
have decided to implement Alternative [X], which [insert description of 
selected alternative. Include any permits, licenses, grants, or 
authorizations needed to implement the decision. Also include any 
mitigation and monitoring actions related to the decision.]
Background
    [Provide a brief description of the purpose and need for action.]
Decision Rationale
    [Describe the reasons for the decision. Specifically, discuss the 
following:
    How the selected action/alternative best meets the purpose and need 
and why other alternatives were not selected.
    How significant issues and environmental impacts were considered 
and taken into account.
    Any factors other than environmental effects considered in making 
the decision.
    Discuss how the above factors influenced the decision (are some 
more important than others?)
    State whether all practical means to avoid or minimize 
environmental harm from the selected alternative have been adopted and 
if not, why not.]
    The [Project Name] EIS documents the analysis and conclusions upon 
which this decision is based.
Public Involvement
    A notice of intent to prepare an EIS was published in the Federal 
Register on [date] ([Cite Federal Register volume and beginning page 
number (i.e. 73 FR 43084]). People were invited to review and comment 
on the proposal through [insert public notice methods and dates such as 
mailings, news releases, phone calls, etc.]. The EIS lists agencies, 
organizations, and people who received copies on page [X].
    The following issues were identified from scoping comments and were 
used to determine the scope of the analysis. [Briefly describe the 
significant issues used in the analysis]. A full description of issues 
significant to the proposed action appears in the EIS on page [X].
    A draft EIS was published for review and comment on [date of 
publication of EPA's notice of availability in the Federal Register].
Alternatives Considered
    In addition to the selected alternative, I considered [X] other 
alternatives, which are discussed below. A more detailed comparison of 
these alternatives can be found in the EIS on pages [X-X].
    Alternative 1--[insert a brief description of the alternative; 
identify which is considered to be environmentally-preferable.]
    Alternative 2 --[insert a brief description of the alternative]
    [Repeat for each alternative.]
Mitigation
    [State (a) which mitigation measures have been adopted; (b) whether 
all practicable means to avoid or minimize have been adopted, and if 
not why they were not; and (c) whether monitoring and enforcement 
programs are adopted, and if so summarize them.]
Implementation Date
    [Describe the expected date(s) of implementation].
Contact
    For additional information concerning this decision, contact: 
[contact name, title, office, mailing address, phone number, and email]
Concurrence:
-----------------------------------------------------------------------
[Name]
Project/Program Manager
-----------------------------------------------------------------------
Date
-----------------------------------------------------------------------
Director, J4E
-----------------------------------------------------------------------
Date
Approval:
-----------------------------------------------------------------------
Director, DTRA/SCC-WMD
-----------------------------------------------------------------------
Date

[FR Doc. 2016-10376 Filed 5-4-16; 8:45 am]
 BILLING CODE 5001-06-P