INTERIM GUIDELIINES ON ENVIRONMENTAL STATEMENTS
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP86-00244R000100190009-7
Release Decision:
RIFPUB
Original Classification:
K
Document Page Count:
8
Document Creation Date:
December 9, 2016
Document Release Date:
September 27, 2000
Sequence Number:
9
Case Number:
Publication Date:
August 8, 1970
Content Type:
MF
File:
Attachment | Size |
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CIA-RDP86-00244R000100190009-7.pdf | 443.99 KB |
Body:
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TAB
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MEMORANDUM FOR: Secretaries'
ecr taries of the Milit:try Departments
Chairman of the Joint Chiefs of Starf'
Director of Defense Research and Engin-_;ring
Assistant Secretaries of Defense
Assistants to the Secretary of.Defense
Directors of Defense Agencies
SUBJECT: Interim Guidelines on Environmental Statements
1. Purpose. Pending the publication of a DoD Directive on the National
Environmental Policy, this memorandum provides interim guidance with
regard to the general policies and procedures required.by Section
102(2)(C) of Public Law 91-190, the ~;ational Environmental Policy
Act of 1969 (DEPA); Executive Order 11514; and the Interim Guidelines
for Statements on Major Federal Actions Affecting the Environment
published by the Council on Environmental Quality (CEQ). This
memorandum will amplify these documents by (a) identifying actions
requiring environmental statements; (b) clarifying procedures for
obtaining the information and reviews required for -their p=eperation;
(c) designating officials responsible for the preparation, review and
disposition of environmental statements; (d) insuring proper coordi-
nation of such actions, including consultation. with appropriate Federal,
State and' local agen_c_es: and (e) extiaimir~_ require-._ !nen for p
~,s r_ovidin
timely public information on proposals for legislation and othci major
actions having potential significant adverse Meets on the natural
environment.
2. Background Inf ors: ation .
Section 101 of the NEPA has established the Federal policy on
environmental quality. Section 102 of the WPA directs that the
policies, regulations and public laws of the United States will be
interpreted and administered to the fullest extent possible in
accordance with the = _PA. Section 102(2) (C) of the 17-EPA requires,,
among other things, that there be included with every recommendation
or report on proposals for legislation and other major Federal actions
significantly affecting the quality of the natural environment a.
detailed five-point statement of the environmental impact of the
intended action.
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has ` 66 8n ~' CSI'-jp~-p L ' p 1
ervi~"Onmenta s -ate~nent, e respons-iLLLe Fcc era of icia shall
consult with and obtain the comments of..any Federal agency which
has jurisdiction by law or special expertise. Copies.of such
statements and the'comments and views of the appropriate Federal,
State and local agencies which axe authorized to develop and enforce
environmental standards will be made available to the President, the
CEQ and the public, and will accompany the proposal through the
existing agencj review processes.
,The CEQ has provided Interim Guidelines herewith attached to assist
Federal departments, agencies and establishments-to implement the IEPA.
3. Policy.
a. At the inception of a major action, including the preparation of
recommendations on reports or proposals for legislation of primary
concern to the Department of Defense, the Office of the Secretary of
Defense, Military Departments, Organization of the Joint Chiefs of
Staff, and Department of Defense Agencies (hereafter referred to-as
DoD components) shall make an assessment of the probable ecological
and environmental impacts of that action,
b. In the continuation of an existing program which was initiated
prior to the passage of the PTEPA, DoD components will similarly
assess the environmental. impact of the proposed continuing action.
a. If these appraisals indicate that (1) a significant adverse
environmental effect will result from a proposed action or a proposed
legislation or (2) a proposed action is likely to be controversial
with respect to environmental effects, a five-point draft environmental
statement will be prepared in accordance with this memorandum.
4. Actions Requiring Environmental Statements.
a. The necessity for submitting an environmental impact statement
should be evaluated in accordance with the attached CEQ guidelines.
If in the best judgment of the DoD component, the proposed action will
cause important adverse changes in natural surroundings, including
effects on man, wild life, plants, fish and marine life, or will
result in substantial controversy, submission of an environmental
statement is required. To assure that.the requirements of the 1EPd
are met, DoD components will interpret broadly the scope of the term
? "significant adverse environmental effect."
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b. Activities or actions of the follow in; tunes, in -particular,
show p c vetl' dx.~teie 64 R~lpsg`rib'2t4 t ioc o`o~i obi -7~n
enviro menca. statement:
C
.(1) Real estate acquisitions,. outleases of land, and
developments of new installations;
(2) Construction at installations or major mission changes
which will result in a significant impact on the surrounding
communities or natural resources;
(3) Initiation of the development of new weapon systems whose
noncombat use may adversely affect the environment;
(4+) Programs for weapons testing;
(5) Large scale training operations;
(6) Programs for utilization of pesticides and herbicides;
(7) Proposed legislati6n which, if enacted, would initiate.
commitments of natural resources, result in possible degradations
of the environment, forecast changes in the use of land, or alter
population concentrations,
c. Examples of some activities or actions which normally would not
require submission of an environmental statement include the following:
(1) Improvement projects for the abatement of air and water
pollution;
(2) Routine training operat' oru3;
(3) Combat operations;
(?~) Transportation of munitions;
(5) Activities or actions in foreign countries (However, the
requirements of Section V, I of DoD Directive 5100.50 are to be
complied with.);
d. Separate guidance will be issued, regarding environmental protection
requirements of contractors in their performance of contracts with'the
Department of Defense.
? e. Projects or Pro reins Initiated Before January 1, 1970. Consistent
with the above guidelines, an environmental statement shall be filed
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on ~ O-e~ OOR 3' 9~ lA~r- i2 `~'~ ~~ I~o~b9 e.
environment even though the actions arise from projects or proroms
initiated prior to enactment of the NEPA on,January 1, 1970. Where
it is not practicable to reassess the basic course of action,
further incremental major actions should take into account environmental
consequences not fully evaluated at the outset of the project or program.
f. In cases where the DoD component has any doubt about the necessity
of preparing an environmental statement for a particular proposed action,
the Office of the Assistant Secretary of Defense (Health and Environment)
(OASD(H&E)) should be consulted.
5? Preparation of an Environmental Statement. An environmental statement
shall be prepared by the DoD component which is proposing the intended
activity, is proposing the legislation, or is the principal agency
concerned with the proposed legislation. The statement must include,
the following information:
a. Predictions of the probable total impact of the proposed action
on the environment. This shall include commentary on the direct impact
on some part of the environment such as the clearing of forests or the
pollution of air or water resources, as well as the more threatening
dangers associated with changes in existing ecosystems. Likewise,
any benefits to the environment resulting from the proposed action
shall be mentioned.
b. A statement of any adverse environmental effects which cannot
be avoided should the proposal be V : Demented. This would tnclude
an evaluation of the extent to which aesthetically or culturally
valuable surroundings, human health, high standards of living, and
other of life's amenities would be sacrificed.
e. A list of carefully developed alternatives to the proposed.action
that might avoid some or all of the adverse environmental effects.
Include with these alternatives economic, technical and operational
considerations, as well as their environmental impact.
d. Exposition of the relationship bet-?een local short-term uses of
the environment and the traintenance and cihancement of lonc;--terra
productivity. For this exposition, assossment of the action's cu_:ulative
and long-term effects is required. Short-term uses are to be cons',rued
as those not affecting succeeding generations.
e'. An inventory of all irreversible and irretrievable commitments
of natural resources which would be involved if the proposed -action
should be impi "entcd. hi section should identify the extent to
which the action curtails beneficial uses of the environment.
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6. Processing; Fnvi rormental Statement Ori ~;innted try a DoD Component.
a. Submission of Draft Statement to rthe OASD(H.-.)O The cognizant
DOD component shall prepare a drai't environmental statement in
accordance with paragraph 5 above and submit 3 copies to the OASD(II :E).
This submission will be acco-,:mplished prior to any formal review
outside the DoD. .
b. Review of Draft Statement by the OASD(FI?;T~-' . The OASD(118:F,) shall
review the draft statement and obtain continents from other appropriate
elements of OSD. The OASD(H&:E) shall then communicate with the
originating DoD component, indicating concurrence or recommending
changes.
c. Submission of Draft Statement to the CEQ,. Following receipt
of the OASD H revie:?w and concurrence, the originating DoD component
shall submit 10 copies of the draft or revised draft statement to the
CEQ. A copy of revised draft, statements shall be sent to the OASD(H&).
d. Review of Draft Statement by Other Federal Agencies. Immediately
after submission of the draft statement to the CEQ, the originating
DoD component shall solicit the views of other Federal agencies having
jurisdiction by law or special expertise with any of the environmental
problems associated with the proposed action in accordance with
paragraph 8 of the attached. CE'Q guidelines.'
e. Review of Draft Statement by State and Local Agencies; Concurrently
with solicitation of the vi ewrws of other F ~--czeral agencies, the originating
DoD component shall solicit comments from State and local agencies when
the environmental imrac t of a pro-cosed action is pertinent to those
agencies. A.significant degree of public interest in the proposed action
or similar previous actions would be one indication of the pertinence
of the issue to State and local agencies. Also, the need for State or
local authorizations to enforce environmental standards would necessitate
solicitation of their remarks. Comments on the draft environmental
statement may "-e obtained directly or by publication of a summary
notice in the Federal e ister. The notice in the Federal Register may
specify that comments of the relevant State and local agencies must be
submitted :within 60 days of publication of the notice.
f. Submission of the Final Statement to the CEQ. After concluding,
the review process with other Federal, State and local agencies,
10 copies of the final environmental statement including 10 copies of
..all comments received shall be forwarded to the CEQ. When appropriate,
a presentation of the problems and objections raised by other agencies
in the review process and the disposition of those issues should be
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included with thc f ir::i.l environmental statement. Concurrently, a copy.
of the final subrIi:,sion will be provided too the OASD(H&) by the
originating DoD component.
7. Processing Environmental Statements Originated by Other Federal Agencies.
a. When a request for review and comment on an environmental
statement prepared by another Federal agency is received by OASD(H&:E),
the following procedure shall be followed:
(1) The OASD(H&E) shall determine which DoD components or elements
within DoD should review the environmental statement. This determination.
shall be based upon the nature of the environmental impact involved and
the DoD expertise available.
(2) The appropriate DoD components or elements will be requested
to review environmental statements and shall provide OA.SD(HH&) with
comments.
(3) The OASD(H E) shall prepare a consolidated review report or
designate the DoD component or element with primary interest to prepare
such a report. The consolidated review' report shall be forwarded to the
requesting Federal agency by the OASD(H&).
b. Should a request for review and comment on an environmental
statement from another Federal agency be received directly by, a DoD
component, these procedures shall be follo,,ed. If the DoD component:
(i) Concurs with or without comment - reply directly to the
requester and?prollide the O='*---FE)_ Y:ith an information copy;
(2) Nonconcurs - send the proposed comments to the OASD(H&:E)
c. If it is determined that more than one DoD component has been
requested to review and comment on an environmental statement prepared
by a Federal agency, the reply shall be fcr;:ex ed through the OASD(H&E)
for preparation of a consolidated response.
8. Processing of Legislative Actions. -Pending definitive Guidance from
the. Off ice of r.ianageI .ent and Budget, the present methods for accomplishing
coordinating actions on proposed legislation shall be continued.
Necessary comments indicating the impact on the environment shall be
included in DoD legislative proposals and in comments prepared by DoD
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components on legislation prepared by other Fecera agencies or
introduced by members of Congress and of primary concern to the DoD.
9. Availability of Environmental Irn;oact Statements and Comments to
public. The DoD compo,en b which has prepared an environmental statement
is responsible for making its statement and all comments pertinent to
it available to the public pursuant to the provisions of the Freedom
of Information Act (5 U.S.C. Sec. 552).
10. Implementing Actions. DoD components shall comply with the
provisions of this memorandum and shall:
a. Designate an individual who will act as liaison with the
OASD(H&E) with respect to environmental impact statements.
b. Identify new and continuing actions and advise the 0ASD(E )
no later than 60 days from the date of this memorandum of all
environmental statements pending preparation or. submission.
c. Submit 2 copies of implementing instructions to OASD(H&E) within
60 days of date of this memorandum.
and procedures delineated in this memorandum within 90 days
d. Provide OASD(HP:E) with recommended changes in the policies
of the date of this memorandum.
Attachment
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