[Federal Register Volume 90, Number 172 (Tuesday, September 9, 2025)]
[Notices]
[Pages 43414-43419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17312]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Record of Decision for the Enhanced Integrated Air and Missile 
Defense System on Guam Environmental Impact Statement

AGENCY: Missile Defense Agency (MDA), Department of Defense (DoD).

ACTION: Record of decision.

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SUMMARY: The MDA, as the lead agency, and the United States Army (USA), 
as a cooperating agency, are issuing this joint Record of Decision 
(ROD) to implement the construction,

[[Page 43415]]

deployment, and operations and maintenance of the Enhanced Integrated 
Air and Missile Defense (EIAMD) system on Guam, a territory of the U.S. 
This action will enable MDA and USA to meet their congressional mandate 
for a persistent 360-degree layered Integrated Air and Missile Defense 
capability on Guam to address the rapid evolution of missile threats 
from regional adversaries. Specifically, this ROD documents the 
decision made, alternatives considered, and discussions of all related 
and anticipated impacts. In addition to the USA, the United States Air 
Force (USAF), United States Navy (USN), and Federal Aviation 
Administration (FAA) are participating as cooperating agencies due to 
their jurisdiction or special expertise as it pertains to certain 
components of the selected alternative or for potentially affected 
operations and resources. The ROD details significant environmental 
impacts, outlines mitigation measures, and identifies the 
environmentally preferred alternative.

FOR FURTHER INFORMATION CONTACT: For further information on the EIAMD 
System on Guam Final Environmental Impact Statement (EIS) or this ROD, 
please contact Mr. Mark Wright, MDA Public Affairs, at 571-231-8212 or 
by email at mda.info@mda.mil">mda.info@mda.mil.
    Downloadable electronic versions of the Final EIS and ROD are 
available on MDA's website at https://www.mda.mil/system/eiamd/.

SUPPLEMENTARY INFORMATION:

A. MDA and USA Decision and Regulatory Background

    On February 25, 2025, the Council on Environmental Quality (CEQ) 
published an interim final rule that removed all iterations of its 
National Environmental Policy Act (NEPA) implementing regulations (as 
required by Executive Order (E.O.) 14154, Unleashing American Energy), 
effective April 11, 2025.
    The EIS complies with guidance for implementing NEPA in effect at 
the time of the preparation of the EIAMD System on Guam EIS: Section 
102(2)(C) of NEPA of 1969, Sections 4321 et seq. of Title 42 United 
States Code (U.S.C.); CEQ regulations; MDA's NEPA Implementing 
Procedures (79 Federal Register 46410); USAF's Environmental Impact 
Analysis Process (32 Code of Federal Regulations (CFR) part 989); USA's 
NEPA Implementing Procedures (32 CFR part 651); USN's Procedures for 
Implementing NEPA (32 CFR part 775); and Chief of Naval Operations 
Instruction 5090.1E, Environmental Readiness Program; and Chief of 
Naval Operations Manual M-5090.1, Environmental Readiness Program 
Manual; and FAA NEPA implementing policies (FAA Order 1050.1F, 
Environmental Impacts: Policies and Procedures).
    The MDA and USA are issuing this ROD to select the Proposed Action, 
as described in the EIAMD System on Guam Final EIS. This action will 
allow them to construct and implement the EIAMD system capability, 
along with its associated mission support facilities and infrastructure 
requirements, on Guam. The other option, the No Action Alternative, 
would be not to construct and implement the EIAMD system capability, 
along with the associated mission support facilities and infrastructure 
requirements, on Guam; this would not meet the purpose of or need for 
the Proposed Action. The MDA and USA will request the FAA establish or 
modify existing restricted airspace on Guam, as described in the EIAMD 
System on Guam Final EIS, to address the High Intensity Radiated Fields 
hazard introduced by the operation of the EIAMD system.

B. FAA Role

    The FAA is a cooperating agency for the EIS because it is assigned 
responsibilities pursuant to 49 U.S.C. 40101 for civil aviation and 
regulation of air commerce in the interests of aviation safety and 
efficiency. The MDA and USA will request that the FAA, as a cooperating 
agency, consider and adopt, in whole or in part, the EIS as the 
required NEPA documentation to support FAA decisions on the 
establishment and configuration of special use airspace. The FAA will 
publish a separate public notification as part of its rulemaking 
process and issue a separate ROD for the EIS in accordance with FAA 
Joint Order 7400.2R, Procedures for Handling Airspace Matters.

C. Background

    The selected action will construct, deploy, and operate and 
maintain a comprehensive, persistent, 360-degree EIAMD system to defend 
the entirety of Guam against the rapidly evolving threats of advanced 
cruise, ballistic, and hypersonic missile attacks from regional 
adversaries. The proposed EIAMD system includes a combination of MDA, 
USA, and USN components that have been integrated for air and missile 
defense and positioned on 16 sites on DoD lands across Guam. Site 
preparation could begin late in calendar year 2025. Following 
construction, testing, and final system check, the EIAMD system would 
become operational.

D. Purpose and Need

    Guam is a key strategic location for sustaining and maintaining 
U.S. influence, deterring adversaries, responding to crises, and 
maintaining a free and open Indo-Pacific. Within the context of 
homeland defense, an attack on Guam would be considered a direct attack 
on the U.S. and would be met with an appropriate response. The 
Commander of U.S. Indo-Pacific Command has identified the need for a 
comprehensive, persistent, 360-degree layered Integrated Air and 
Missile Defense capability on Guam to address the rapid evolution of 
missile threats from regional adversaries. The U.S. Congress codified 
this requirement in the Fiscal Year (FY)22 and FY23 National Defense 
Authorization Acts. This defensive architecture must be adaptable to 
expand capability and capacity as the threat evolves. The purpose of 
the Proposed Action is to provide an enhanced integrated air and 
missile defense system to defend the entirety of Guam against rapidly 
evolving threats of advanced cruise, ballistic, and hypersonic missile 
attacks from regional adversaries as soon as possible.

E. NEPA Process

    The NEPA process includes a robust public participation component. 
The MDA initiated a 60-day formal public scoping period by publishing a 
Notice of Intent to prepare an EIS in the Federal Register on May 5, 
2023. The public comment period was extended to 105 days to account for 
impacts from Typhoon Mawar, which struck Guam on May 24, 2023. Three 
public scoping meetings were held on Guam on August 2, 3, and 4, 2023. 
The MDA received 136 comments during the scoping period, which closed 
on August 18, 2023. The Draft EIS was released for a 75-day public 
review and comment period from October 25, 2024, through January 8, 
2025, with a Notice of Availability published in the Federal Register 
on October 25 and 28, 2024. Two public meetings were held on Guam on 
November 14 and 15, 2024. The MDA received 72 comment letters during 
the public comment period, which closed on January 8, 2025. A Notice of 
Availability for the EIAMD System on Guam Final EIS was published in 
the Federal Register on July 25, 2025. This ROD concludes the NEPA 
process.

[[Page 43416]]

F. Alternatives Considered

    Although current U.S. forces are capable of defending Guam against 
regional ballistic missile threats, regional threats to Guam continue 
to increase and advance technologically. Guam's geographical location 
in the Pacific, topography, existing DoD lands, and critical 
infrastructure the island the only reasonable location capable of 
accommodating the unique 360-degree EIAMD system performance 
requirements. System components need to be distributed at locations 
throughout Guam to provide the performance required to defend against 
threats. As such, alternatives analyzed in the EIAMD System on Guam EIS 
consist of the Proposed Action and the No Action Alternative.

1. No Action Alternative

    Under the No Action Alternative, the EIAMD system would not be 
established on Guam. By implementing the No Action Alternative, 
defensive capabilities would not expand to provide enhanced defense 
capability for Guam against the rapidly evolving threats of potential 
missile attacks from regional adversaries. The No Action Alternative 
serves as the baseline against which the Proposed Action is compared.

2. Proposed Action

    The Proposed Action is to implement an EIAMD system capability by 
constructing, deploying, and operating and maintaining a comprehensive, 
persistent, 360-degree EIAMD system for air and missile defense 
positioned on 16 sites on DoD properties on Guam. Of the proposed 16 
sites, which include mission support sites, 8 are on Naval Base Guam 
(NBG) (including the NBG Munitions Site [NMS]), 6 are on Andersen Air 
Force Base (AAFB), and 2 are on Marine Corps Base Camp Blaz (MCBCB). 
Two sites (MCBCB South and NBG Nimitz Hill) would have Explosive Safety 
Quantity Distance arcs that encroach on non-DoD land, potentially 
requiring real estate actions on those properties. Additionally, one 
site (NMS Northeast) would require a road easement across Government of 
Guam lands to access the EIAMD system site on DoD property. In 
addition, the Proposed Action would include modifications and 
restrictions to existing airspace.

G. Environmental Impacts

    The EIAMD System on Guam Final EIS includes an analysis of 
potential impacts of the Proposed Action and No Action Alternative on 
the following resource areas; airspace management, health and safety, 
cultural resources, terrestrial biological resources, socioeconomics, 
protection of children and environmental justice, land use and 
recreational resources, transportation, visual quality, utilities, air 
quality, greenhouse gases,\1\ noise, water resources, and geological 
and soil resources.
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    \1\ While climate change and greenhouse gases were analyzed as a 
resource area, subsequent guidance and changes in regulatory 
requirements drove the decision to exclude climate change and 
greenhouse gases from consideration in making the decision of which 
alternative to select.
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    The discussion below summarizes only those resource areas expected 
to have significant impacts as a result of implementation of the 
Proposed Action. Based on the analysis presented in the Final EIS, all 
other resource areas were determined to have less than significant 
impacts.

1. Terrestrial Biological Resources

    Site Preparation and Construction: Implementation of the Proposed 
Action would result in removal of limestone forest (biologically 
important habitat for native wildlife and federal Endangered Species 
Act (ESA)-listed species) across nine sites. Implementation of 
mitigation measures would reduce expected impacts on terrestrial 
biological resources on Guam but impacts from the loss of limestone 
forest would remain major, long term, and significant with 
implementation of the Proposed Action.
    There would be significant impacts from the removal of 
approximately 5,459 individuals of the federal ESA-listed threatened 
plant Cycas micronesica at five locations. Implementation of mitigation 
measures would reduce impacts from the implementation of the Proposed 
Action. Due to the ongoing population decline of Cycas micronesica on 
Guam, combined with the additional loss of approximately 5,459 
individuals, the impacts on Cycas micronesica would remain major, long 
term, and significant.
    There would be significant impacts on the ESA-listed threatened 
Mariana fruit bat due to loss of 235 acres of limestone forest habitat. 
Given this loss of foraging and roosting habitat and the critically low 
numbers of fruit bats on Guam, the loss would be a major, direct, long-
term, and significant impact on Mariana fruit bats but mitigable to 
less than significant with implementation of the mitigation measures 
(e.g., improving foraging and roosting habitat through the 
establishment of habitat enhancement sites [HESs]).

2. Socioeconomics (Housing and Health Care)

    Site Preparation and Construction: Construction of the Proposed 
Action would require an average of 400 construction workers annually, 
and span over 10 years, with approximately 240 workers (60 percent) 
expected to be in-migrant laborers originating off Guam. Construction 
contractors may house in-migrant workers in suitable temporary 
workforce housing facilities or be required to find accommodations 
within the local housing market. The 2020 Guam Housing and Needs Study 
identified a need for an additional 9,908 housing units between 2020 
and 2025 to meet community demand. In-migrant workers accommodated 
within the local housing market would further impact housing 
availability on Guam. Impacts on housing associated with the influx of 
in-migrant workers, although temporary, would have direct and indirect 
long-term, major, and significant impacts on the availability of 
housing on Guam.
    Operations and Maintenance: Because the overall availability of 
housing on Guam is low, EIAMD system personnel arriving from other 
locations would serve on a rotational basis until adequate community 
support facilities are available. DoD recognizes the need for 
additional Life Support Facilities on Guam, including housing, to 
support the additional mission requirements. DoD is reviewing these 
needs holistically and plans to address the EIAMD system housing needs 
before the arrival of dependents in 2031. In the interim, for the 
Proposed Action, the USA plans to phase the deployment of EIAMD system 
personnel arriving on Guam. All EIAMD system personnel and dependents 
(except for civilian personnel and DoD contractors) arriving prior to 
2031 will be housed in military housing units located on military 
installations as available. This phased approach would minimize the 
initial need for housing for EIAMD system personnel and limit the 
impact on Guam's housing market.
    Beginning in 2031, approximately 2,300 permanent military and 
civilian personnel and their dependents, and 44 contractors supporting 
the EIAMD system, would reside on Guam. An estimated 20 percent (469 
individuals) would require off-base housing. The projected housing 
requirement to support these personnel and their dependents is 324 
units, which is approximately 18.8 percent of the currently available 
rental units on Guam that meet military housing standards. The local 
housing market and military housing may have sufficient capacity to 
meet the number of units required for

[[Page 43417]]

operations personnel and their dependents arriving in 2031. The extent 
of impacts on housing, however, would depend on the availability of 
military housing, both the number of units and the timing of the 
construction of new units with the arrival of personnel, to support 
multiple DoD projects on Guam. Considering the limited availability of 
housing and the unmet community demand for housing units on Guam, 
impacts on housing are expected to be long term, major, and 
significant.
    Given the increase in population associated with the Proposed 
Action, impacts on medical and health care services were determined to 
be long term and significant based on Guam's status as a Medically 
Underserved Area and the likelihood that the 2,300 permanent personnel 
and their dependents arriving on the island in 2031 would require 
access to local medical services, increasing the demand on a system 
that is already significantly overburdened. The DoD is also looking at 
medical services holistically and plans to address these needs prior to 
the arrival of dependents in 2031; military personnel associated with 
the Proposed Action would receive general health services at the 
military treatment facilities, which would minimize impacts on Guam.

3. Transportation

    Site Preparation and Construction: Site preparation and 
construction would result in significant short-term impacts on traffic 
at six intersections.
    Operations and Maintenance: When compared to the 2035 baseline 
traffic conditions (conditions after completion of construction), 13 
intersections are currently operating at level of service (LOS) F but 
would have an increase of at least 50 additional vehicles during peak 
AM/PM hours as a result of the Proposed Action. Therefore, impacts from 
operations and maintenance would be long term, major, and significant.

4. Cumulative

    Pursuant to E.O. 14154, the CEQ issued guidance, ``Implementation 
of the National Environmental Policy Act,'' dated February 19, 2025, 
directing federal agencies to establish or update their NEPA 
implementing procedures by February 19, 2026, consistent with NEPA as 
amended by the Fiscal Responsibility Act of 2023 (Pub. L. 118-5). With 
respect to cumulative impacts considerations, the CEQ guidance 
provides: ``Effects: Federal agencies should analyze the reasonably 
foreseeable effects of the proposed action consistent with section 102 
of NEPA, which does not employ the term `cumulative effects;' NEPA 
instead requires consideration of `reasonably foreseeable' effects, 
regardless of whether or not those effects might be characterized as 
`cumulative.''' Because of the regulations in effect at the time of the 
preparation of the EIS, the Final EIS supporting this ROD continues to 
provide an analysis of cumulative effects, however, the decision in 
this ROD must only consider those effects resulting from the reasonably 
foreseeable impacts of the Proposed Action. This approach is consistent 
with the May 29, 2025, decision by the U.S. Supreme Court in Seven 
County Infrastructure Coalition v. Eagle County, Colorado, 605 U.S. 
___; 145 S. Ct. 1497; 221 L. Ed. 2d 820 (2025). Further explanation of 
the cumulative effects can be found in Chapter 4 (Cumulative Impacts) 
of the Final EIS.
    Cumulative impacts for all resources, except terrestrial biological 
resources, socioeconomics (specifically, housing, medical services, and 
Government of Guam that provide infrastructure support on the island), 
and transportation, were determined to be less than significant.
     There would be significant, adverse, cumulative impacts on 
terrestrial biological resources due to the removal of limestone forest 
and the removal of approximately 5,459 individuals of the Federal ESA-
listed plant species Cycas micronesica.
     Any additional demand on the local housing market as a 
result of the increase in EIAMD system personnel on Guam would result 
in a significant cumulative impact. In addition, given that Guam is 
designated as a Medically Underserved Area and Government of Guam 
services related to infrastructure support are already strained, any 
additional demands on these services are also considered significant 
cumulative impacts.
     Significant cumulative impacts would occur at 6 
transportation roadway intersections from site preparation and 
construction and at 13 transportation roadway intersections associated 
with operations and maintenance when impacts of the selected action are 
combined with those of other actions. Implementation of the Proposed 
Action would generate increased traffic due to other ongoing projects 
on Guam.

H. Agency Coordination

    The MDA and USA have consulted and coordinated with appropriate 
agencies and representatives, including the U.S. Fish and Wildlife 
Service (USFWS), Guam State Historic Preservation Office (SHPO), and 
Bureau of Statistics and Plans (BSP), during planning and development 
of the EIS. A summary of the results from each consultation and 
coordination process is included below:
     Federal Endangered Species Act (ESA). In accordance with 
the USFWS under Section 7 of the Federal ESA, the MDA and USA received 
a Biological Opinion (BO) on July 9, 2025 and the associated terms and 
conditions are addressed in this ROD. Species addressed in the BO 
include Mariana fruit bat, Mariana common moorhen, Mariana swiftlet, 
Guam kingfisher, Guam rail, Mariana crow, Mariana eight-spot butterfly, 
and eight plant species: Bulbophyllum guamense, Cycas micronesica, 
Dendrobium guamense, Eugenia bryanii, Heritiera longipetiolata, 
Phyllanthus saffordii, Tabernaemontana rotensis, and Tuberolabium 
guamense. The USFWS estimates the Proposed Action will potentially 
result in the incidental take of Mariana fruit bat in the form of 
harassment due to nighttime construction and ungulate control 
activities. Further, the USFWS estimates that incidental take in the 
form of capture and collection and mortality of Mariana eight-spot 
butterfly due to the development of the AAFB Munitions Storage Area 
(MSA) site. The USFWS determined the Proposed Action including the 
estimated anticipated take is likely to adversely affect, but is not 
likely to jeopardize the continued existence of, the Mariana fruit bat, 
Mariana eight-spot butterfly, Bulbophyllum guamense, Cycas micronesica, 
Dendrobium guamense, Eugenia bryanii, Heritiera longipetiolata, 
Phyllanthus saffordii, Tabernaemontana rotensis, Tuberolabium guamense, 
or the three extirpated species, the Guam kingfisher, Mariana crow, or 
Guam rail. The USFWS concurred with the determination the Proposed 
Action may affect but is unlikely to adversely affect Guam tree snail, 
humped tree snail, fragile tree snail, Mariana common moorhen and 
Mariana swiftlet. The MDA and USA commit to all the conservation 
measures, best management practices, the reasonable and associated 
terms, prudent measure, and terms and conditions in the BO.
     National Historic Preservation Act (NHPA). The MDA and USA 
are required to comply with Section 106 of the NHPA for the EIAMD 
undertaking. Joint Region Marianas (JRM), MDA, and USA, through 
consultations with the Guam SHPO, have determined the Programmatic 
Agreement among the Commander, Navy Region Marianas (CNRM); the 
Advisory Council on

[[Page 43418]]

Historic Preservation; and the Guam SHPO regarding Navy Undertakings on 
the Island of Guam, November 20, 2008, applies to the Proposed Action 
and thus fulfills the federal agency obligations under Section 106. The 
2008 Programmatic Agreement applies to all undertakings initiated 
within the USN's area of responsibility, regardless of whether they are 
initiated, funded, or carried out by CNRM (now JRM) or by another 
command or lessee of the USN. AAFB, MCBCB, NMS, and NBG are currently 
under USN joint command. The 2008 Programmatic Agreement provides 
alternate, streamlined procedures for completing the Section 106 
process for agreed-upon undertakings. Any adverse effects on historic 
properties in the study area will be mitigated in accordance with the 
2008 Programmatic Agreement.
     Coastal Zone Management Act (CZMA). The MDA and USA 
completed the CZMA federal consistency process for the Proposed Action 
on Guam. JRM submitted the Coastal Consistency Determination to BSP on 
March 11, 2025. JRM received conditional concurrence from BSP that the 
Proposed Action is consistent to the maximum extent practicable with 
the enforceable policies of Guam's Coastal Management Program (GCMP) on 
May 8, 2025. The Proposed Action was updated as part of the Final EIS 
to clarify it will be implemented consistent with the enforceable 
policies of the GCMP to the maximum extent practicable, satisfying the 
conditions in the BSP's conditional concurrence. Thus, the Proposed 
Action, as described in the Final EIS, is fully consistent with GCMP's 
enforceable policies to the maximum extent practicable.

I. Mitigation Measures and Monitoring

    The MDA and USA will take all practicable means to avoid or 
minimize environmental harm while still fulfilling the need for the 
360-degree defense of Guam. Mitigation measures are summarized below. 
The MDA and USA will use a mitigation monitoring database to track the 
implementation of mitigation measures identified in the EIS.

1. Biological Resources

    The following is a general summary of the mitigation measures that 
will be implemented commensurate with impacts to minimize impacts on 
terrestrial biological resources. A detailed list of the conservation 
and mitigation measures, best management practices, the reasonable and 
prudent measures, and associated terms and conditions included in the 
incidental take statement are included in the USFWS BO (see Appendix E 
[Agency Coordination, Consultation, and Correspondence]).
     Establish Habitat Enhancement Sites (HESs)
    [cir] Several potential HESs have been identified in northern Guam 
on AAFB and in southern Guam on NMS that could be used to compensate 
for impacts associated with the Proposed Action. The location and size 
of these HESs will be commensurate with the amount of limestone forest 
and savanna complex removed under the Proposed Action. The number, 
size, and location of potential HESs will be finalized in conjunction 
with ongoing coordination with JRM and the installation site approval 
process.
    [cir] Habitat enhancement activities will include the following:
    [ssquf] Installation of ungulate exclusion fences around the HESs;
    [ssquf] Removal of ungulates (i.e., trapping, snaring, and 
shooting) with the goal of eradication within the fenced areas;
    [ssquf] Invasive plant removal; and
    [ssquf] Propagation, planting, and establishment of dominant and 
rare species characteristic of native limestone forest and savanna 
complex habitats.
    [cir] Prior to any site preparation at the AAFB MSA site, ungulate 
exclusion fencing would be installed commensurate with the amount of 
limestone forest removal associated with the AAFB MSA site.
     Pre-Construction Surveys, General ESA-Listed Plant Salvage 
and Transplantation
    [cir] If pre-construction surveys identify an ESA-listed plant as 
present in the construction area, one of the following will occur:
    1. Salvageable ESA-listed plants will be directly transplanted into 
HESs. Transplantation will occur after fencing and ungulate removal is 
complete (see CM-3) and the site is reasonably likely to support the 
transplants; or
    2. If individuals cannot be directly transplanted, then propagules 
will be salvaged or collected, and such material housed in a native 
plant nursery until they are ready for transplant into the HESs.
    3. If there is an insufficient number of propagules or whole plants 
from within the project footprint to collect or salvage, then propagule 
collection from other sources outside the project footprint will be 
conducted to provide seedlings to meet transplanting/outplanting 
establishment targets. Transplantation/outplanting timing will be site 
specific for each EIAMD system site.
     Mariana Eight-Spot Butterfly Host Plant Outplanting at 
HESs
    [cir] The DoD will plant Mariana eight-spot butterfly host plants 
within the HESs. The number of host plants established within the HESs 
will be commensurate with the number of individuals removed with the 
implementation of the Proposed Action.

2. Transportation

    The MDA and USA recognize potential impacts on transportation 
associated with implementation of the Proposed Action. To minimize 
these impacts, any mitigation measures would be coordinated with the 
Guam Department of Public Works for the most appropriate solution. 
Mitigations would be implemented where practical and feasible, and 
applicable permits would be obtained. These solutions would also be 
coordinated with stakeholders prior to implementation. Any such 
mitigations would only be accomplished if duly authorized and funded by 
Federal legislation.

J. Environmentally Preferred Alternative

    Based on the findings of the EIAMD System on Guam Final EIS, the No 
Action Alternative would be the environmentally preferred alternative 
because the significant, adverse, cumulative impacts from the Proposed 
Action would not occur. However, under the No Action Alternative, 
defensive capabilities would not be expanded to provide enhanced 
defense capability for Guam, nor would it satisfy the purpose of or 
need for the Proposed Action.

K. Post-Final Environmental Impact Statement Comments

    On August 15, 2025, the Governor and Lieutenant Governor of Guam 
submitted a letter to the MDA Director responding to the EIAMD System 
on Guam Final EIS on behalf of the people of Guam and the Government of 
Guam. The letter indicates the Final EIS does not sufficiently address 
cumulative impacts on Guam's infrastructure, public services, economy, 
and natural and cultural resources, noting two reports issued in 2025 
by the U.S. Government Accountability Office (GAO-25-108187 and GAO-25-
107453). While neither of these GAO reports were specifically addressed 
in the Final EIS, we reviewed the reports and determined they provide 
no new information or data and the reports' conclusions were based 
significantly upon the same available information and data analyzed in 
the EIS. In fact, both reports make reference to MDA resources, 
including in one

[[Page 43419]]

report, the EIAMD System on Guam Draft EIS. We have determined the 
August 15, 2025, letter from the Governor and Lieutenant Governor of 
Guam does not provide new data or information that would necessitate 
supplementing the Final EIS before a decision may be made. Further, the 
conclusions and recommendations made in the letter were taken into 
consideration before this decision was made.
    No other comments were received after the EIAMD System on Guam 
Final EIS was published that need be addressed before a decision may be 
made.

L. Decision

    In accordance with NEPA, we have considered the information 
contained within the EIAMD System on Guam Final EIS, comments from the 
public, input from regulatory agencies, EIAMD system capabilities 
including system performance and operation effectiveness, the analysis 
of the missile threat to Guam, and other relevant factors in deciding 
whether to implement the EIAMD system on Guam. We have decided to 
select the Proposed Action over the No Action Alternative. Although the 
No Action Alternative would have fewer environmental impacts, it would 
not support the purpose and need of a 360-degree defense of Guam. While 
this decision reflects the intent of the MDA and the USA to proceed 
with the Proposed Action, not all of the Proposed Action is immediately 
funded. In accordance with the BO, site-specific mitigations, which are 
yet to be authorized and funded, would only be accomplished should the 
portion of the Proposed Action necessitating mitigation proceed. No 
subsequent decision is required to proceed with the mitigations 
described in the Biological Opinion or the construction, deployment, 
operations, and maintenance of any of the sites described in the Final 
EIS.

(Authority: The DoD NEPA Implementing Procedures, Part 4.1[d] [June 
20, 2025] [90 FR 27857] allow for the publication of notices in the 
Federal Register for ROD notices)

    Dated: September 5, 2025.
Stephanie J. Bost,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2025-17312 Filed 9-8-25; 8:45 am]
BILLING CODE 6001-FR-P