con

that may have environmental sequences will be obeyed. However, compliance does not relieve the responsible official from preparing environmental impact analyses and processing necessary environmental documents. NEPA compliance is required unless existing law, applicable to a specific action or activity, prohibits, exempts, or makes compliance impossible.

(e) When appropriate, environmental documentation to consider operations security principles and procedures described in AR 530-1 will be reviewed and documented on the cover sheet or signature page.

$651.6 Procedures.

(a) The Assistant Chief of Engineers retains a copy of each draft and final EIS (Draft Environmental Impact Statement (DEIS) and Final Environmental Impact Statement (FEIS)) prepared by the Army. The EIS will be retained until the proposed action and any mitigation program is complete or the information therein is no longer valid. The EIS is then deposited in the National Archives and Records Administration.

(b) DA agencies are encouraged to draw upon the special expertise that is available within the medical department, including the U.S. Army Environmental Hygiene Agency (AEHA), to identify and evaluate environmental health impacts.

(c) Military Construction Army/Military Construction ARNG (MCA/MCAR) funds may not be used for preparation of environmental documents. Operations and Maintenance/Operation and Maintenance, ARNG (OMA/OMAR) or other operating funds are the proper sources of funds for environmental document preparation.

(d) The proponent for federally funded ARNG actions is the National Guard Bureau (NGB) division in whose area of responsibility the action rests. For instance, National Guard Bureau-Installations Division (NGB-ARI) would be the proponent for proposed training activities. The NGB division proponent performs the actions described in this section with the States or territories affected by the proposed action.

(e) In specific cases, such as the construction of a water treatment facility

or a flood control plan, the engineer could be the proponent. The engineer and/or his environmental management staff should advise proponents as to the format and technical data that must be considered in the environmental document. The engineer's environmental management staff is, however, responsible for reviewing each environmental document for compliance with NEPA and appropriate Army and/or ARNG regulations. No matter who prepares the environmental document, the proponent remains responsible for its content and conclusions.

(f) The decisionmaking process often subjects proposal decisions to review and/or approval by higher level authorities including HQDA proponent (defined in the Glossary); therefore, the review and approval of the environmental document follows the same channel of review and approval as that of the proposed action. This does not apply to federally funded ARNG actions since the NGB division, which is the proponent for such actions, is also the HQDA proponent.

Subpart B-National Environmental Policy Act (NEPA) and the Decision Process

8651.7 Introduction.

(a) NEPA establishes policies and goals for the protection of the environment. Section 102(2) of NEPA contains certain procedural requirements directed toward the attainment of such goals. (See appendix C for a copy of NEPA.) The CEQ issued regulations to implement the procedural provisions of NEPA and they are provided in appendix E. Implementing procedures to CEQ regulations are contained in DOD Directive 6050.1 (applicable in the continental United States (CONUS)) and DOD Directive 6050.7 (applicable outside the continental United States (OCONUS)).

(b) The NEPA process includes the systematic examination of possible and probable environmental consequences of implementing a proposed action. To be effective, integration of the NEPA process with other Army project planning will occur at the earliest possible time to ensure

(1) Planning and decisionmaking reflect environmental values.

(2) Policies and goals of § 651.4 are implemented.

(3) Delays and potential conflicts later in the process are minimized.

(c) To achieve these actions, all Army decisionmaking that may have an impact on the human environment will use a systematic, interdisciplinary approach that ensures the integrated use of the natural and social sciences, planning, and the environmental design arts. (Pub. L. 91-190; sec. 102(2)(A)). This approach allows timely identification of environmental effects and values in sufficient detail for evaluation concurrently with economic, techical, and mission-related analyses at the earliest possible step in the decision process. When EAS or EISS are undertaken, the economic and social impacts will be included in the analysis of total environmental impacts. However, these secondary impacts, unaccompanied by physical

environmental impacts, should not determine whether or not to prepare an environmental document.

(d) NEPA also requires the proponent of an action or project to identify and describe all reasonable alternatives to the proposed action or project. To assist in identifying reasonable alternatives, the proponent must consult appropriate Federal, State, and local agencies, and the general public.

(e) These procedures will assist the decisionmaker in selecting a preferred couse of action. They provide the relevant background information and subsequent analyses of the proposal's positive and negative environmental effects. The decisionmaker's written environmental evaluation is either a CX with a record of consideration (REC), an EA with a FNSI, or an EIS with a ROD. (See subpart C.)

§ 651.8 Action requiring evaluation.

(a) The types of projects or actions to evaluate for environmental impact include

(1) Policies, regulations, and procedures (for example, Army regulations and circulars).

(2) New management and operational concepts and programs in areas such as logistics, research, development, test

and evaluation, procurement, and personnel assignment.

(3) Projects (for example, facilities construction, research and development for weapons, vehicles, and other equipment).

(4) Activities (for example, individual and unit training, flight operations, overall operation of installation, or facility test and evaluation programs).

(5) Requests for a Nuclear Regulatory Commission license (new, renewal, or amendment) or an Army radiation authorization.

(6) Materiel development, acquisition, and/or transition.

(7) Research and development in areas such as genetic engineering, laser testing, and electromagnetic pulse generation.

(8) Installation restoration projects undertaken pursuant to section 104 of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended by the Superfund Amendments and Reauthorization Act (SARA). The National Oil and Hazardous Substances Contingency Plan (40 CFR part 300), implements the requirements of CERCLA/SARA, and describes a formal process, the feasibility study (FS).

(i) The FS provides substantive and procedural standards to ensure full consideration of environmental issues and alternatives, and an opportunity for the public to participate in evaluating environmental factors and alternatives before a final decision is made.

(ii) In most cases, when a FS is prepared in accordance with 40 CFR part 300, a second NEPA document is not required. As a matter of policy, the organization preparing the FS will ensure the document also complies with 40 CFR parts 1500 through 1508. The cover of the FS document and the subsequent ROD will contain the legend "This document is intended to comply with the National Environmental Policy Act of 1969." All public notices announcing the availability of the FS will also note this intent. Installation Restoration Program actions in which an FS is not prepared in accordance with 40 CFR part 300 will require appropriate environmental documentation.

(9) Requests for special use airspace in accordance with AR 95-50 that require Federal Aviation Administration approval (new, renewal, or amendment).

(b) In addition to the above, certain activities supported by the Army through the following actions require proper environmental documentation:

(1) Federal contracts, grants, subsidies, loans, or other forms of funding such as Government owned contractor operated industrial plants and section 801/802 Housing, Military Appropriations Act of 1984, construction, (via third-party contracting).

(2) Leases, easements, permits, licenses, certificates, or other entitlement for use (for example, grazing lease and grants of easement for highway right-of-way).

(3) Request for approval to use or store materials, radiation sources, hazardous and toxic material, or wastes on Army land. If the requester is nonArmy, the responsibility to prepare the proper environmental documentation is that of the non-Army requester. If required, the requester will provide information needed for the Army review. The Army reviews and approves all environmental documentation before approving the request.

§651.9 Environmental egories.

review cat

The following are the five broad categories into which a proposed action may fall for environmental review:

(a) Exemption by law. The law must apply to DOD and/or Army and must prohibit, exempt, or make impossible full compliance with NEPA (40 CFR 1500.6). (See §651.11 for security exemptions).

(b) Emergencies. (1) In the event of an emergency, the Army may need to take immediate actions that have environmental impacts, that may include immediate actions to promote national

defense or security and actions necessary for the protection of life or property. In such cases the HQDA proponent will notify the Army Environmental Office, which in turn will notify the Office of the Assistant Secretary of the Army, Installations and Logistics (OASA (I&L)) who will coordinate with the Assistant Secretary of Defense for Production and Logistics (ASD (P&L) regarding the emergency action. Time is of the essence so that OASA (I&L) may consult with the CEQ if necessary. A public affairs plan should be developed as soon as possible so that channels of communication remain open between the media, public, and the installation. In no event will Army delay an emergency action necessary for national defense, security, or preservation of human life or property to comply with this regulation or the CEQ regulations. State call-ups of ARNG during a natural disaster are excluded from this consultation requirement.

(2) These notifications apply only to actions necessary to control immediate effects of the emergency; other actions remain subject to NEPA review. (40 CFR 1506.11)

(3) After action reports may be required at the discretion of the OASA (I&L).

(c) Categorical exclusions (CX). These actions (subpart D and appendix A) normally do not require an EA or an EIS. The Army has determined that they do not individually or cumulatively have a significant effect on the human environment. Qualification for a CX is described in subpart D of this regulation.

(d) Environmental assessment (EA). (See section for actions normally requiring an EA.)

(1) If the proposed action is adequately covered within an existing EA or EIS, prepare a REC to that effect. (See Figure 1).

(2) If the proposed action is within the general scope of an existing EA or EIS, but requires additional information, prepare a new environmental document that considers the new, modified, or missing information. Incorporate by reference, existing docu

ments and publish the (FNSI or NOI).

conclusion

(3) If the proposed action is not covered adequately in any existing EA or EIS, or is of significantly larger scope than that described in the existing document, then prepare an EA followed by either a FNSI or a new EIS.

(e) Environmental Impact Statement (EIS). (See § 651.30 for actions normally requiring an EIS.)

(1) If it is determined that the action is covered adequately in a previously filed FEIS, the REC must so state, citing the applicable FEIS by name and date. The REC is then attached to the proponent's record copy of that FEIS. As a general rule, a FEIS older than 3 years cannot be used in this manner, but must be supplemented.

(2) If the proposed action is within the scope of an existing FEIS, but was not covered in that document or not covered adequately, then the proponent must prepared supplemental mentation to that FEIS.

docu

(3) If the proposed action is not within the scope of any existing EIS, then the proponent must begin the preparation of a new EIS.

§651.10 Determining appropriate envi

ronmental documentation.

(a) The flowchart shown in Figure 1 summarizes the process for determining documentation requirements.

(b) The proponent of a proposed action may adopt appropriate environmental documents (EAS or EISS) prepared by another agency (40 CFR 1500.4(n) and 1506.3). In such cases, the proponent will retain its own record keeping for RECS and RODs. (See 40 CFR 1506.3 for procedures to follow when adopting other documents.)

(c) When an existing adequate EA or EIS is used in lieu of preparation of a new document, the REC should state the document title, date, and where it may be reviewed.

(c) Classification does not relieve a proponent of the necessity to assess and document the environmental effects of the proposed action. The HQDA proponent, in coordination with the Army Environmental Office and the Deputy Chief of Staff for Intelligence, Security Division (DAMI-CIS), may select a review team. The team may be drawn from the Army agency or office not connected with the proponent agency, or from agencies outside the Army. The review team's purpose is to provide an external review of classified environmental documents.

§651.12 Integration with Army planning.

(a) Early integration. The Army goal to integrate environmental reviews concurrently with other Army planning and decisionmaking actions avoids delays in mission accomplishments. To achieve this goal, proponents should provide complete environmental documents for early inclusion with any recommendation or report to decisionmakers (Master Plan, Natural Resource Management Plan, Remedial Investigation, FS, etc.). The same documents will be forwarded to the planners, designers, and/or implementers so that recommendations and mitigations on which the decision was based may be carried out.

(b) Time limits. The timing of the preparation, circulation, submission, and public availability of environmental documents is of great importance in ensuring that environmental values are integrated in the planning and decision processes. It is important to remember that next to the project itself, a properly prepared EIS may require the longest time to complete.

(1) Categorical exclusions (CX). When a proposed action is categorically excluded from further environmental review (subpart D and appendix A), the proponent may proceed immediately with that action.

(2) Findings of no significant impact (FNSI).

(i) If the proposed action is one of national concern, is unprecedented, or normally requires an EIS, the proponent will make the EA and FNSI available for public review 30 or more days prior to making a final decision.